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It seems odd to me that an application being prosecuted with a non-publication request is opened up to the public when an applicant proceeds to the Board. An interesting article might delve into the reasoning behind that odd structure and propose a solution. I find it hard to believe that Congress intended secrecy only to apply to proceedings before examiners, but not to proceedings before Board members. Moreover, it has a chilling effect on applicants who might want to take their arguments to the Board.

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