To Whom Duty of Disclosure Is Owed

37 CFR

1.56(a)

states that the “duty of candor and good faith” is owed

“in dealing with the Office” and that all associated with the filing and prosecution of

a patent application have a “duty to disclose to the Office” material information. This

duty “in dealing with” and “to” the Office extends, of course, to all dealings which

such individuals have with the Office, and is not limited to representations to or

dealings with the examiner. For example, the duty would extend to proceedings before the

Patent Trial and Appeal Board and the Office of the Commissioner for Patents.