How does the MPEP guide examiners on searching related subclasses?
The MPEP provides specific guidance to examiners on searching related subclasses during a classified search. According to MPEP 904.02(a):
“The examiner should, on the basis of the disclosed features of the invention, descriptive material, and the field of search suggested by the classification definition, identify the subclasses, and perhaps classes, most likely to contain the prior art which could anticipate or render obvious the claimed invention.”
This guidance emphasizes the importance of considering related subclasses to ensure a comprehensive search. Examiners are instructed to:
- Review the classification definitions
- Consider the disclosed features of the invention
- Identify subclasses and classes likely to contain relevant prior art
By following these steps, examiners can conduct a thorough search that extends beyond the primary classification of the invention.
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