How does the examiner’s explanation support a prima facie case of equivalence?

The examiner’s explanation is fundamental in supporting a prima facie case of equivalence. MPEP 2183 emphasizes this:

“The examiner must provide an explanation to support an equivalence rejection. […] The explanation should be sufficient to establish a prima facie case of obviousness.”

The examiner’s explanation supports the prima facie case by:

• Clearly identifying the claim limitation not literally met by the prior art
• Detailing how the prior art element performs the identical function specified in the claim
• Demonstrating how it does so in substantially the same way
• Showing how it achieves substantially the same result

This comprehensive explanation serves as the foundation for the equivalence rejection, providing a reasonable basis for the applicant to understand and potentially rebut the rejection. It also ensures transparency in the examination process and helps establish a clear record for potential future proceedings.

To learn more:

• examiner’s explanation
• equivalence
• patent examination
• prima facie case