How does considering variant embodiments affect prior art searches?
Considering variant embodiments significantly impacts prior art searches by:
- Broadening the scope of the search to include potential variations of the claimed invention
- Helping examiners identify relevant prior art that may not be an exact match to the disclosed embodiment
- Ensuring a more comprehensive examination of patentability
MPEP 904.01(a) emphasizes that “any such variant encountered during the search should be recognized.” This approach allows examiners to find prior art that may anticipate or render obvious the claimed invention, even if it doesn’t precisely match the specific embodiment described in the application.
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