What is the burden on the examiner regarding the written description requirement?
The examiner has the initial burden of presenting evidence why a person skilled in the art would not recognize in an applicant’s disclosure a description of the invention defined by the claims. This is known as establishing a prima facie case.
According to MPEP 2163.04, “The examiner has the initial burden of presenting by a preponderance of evidence why a person skilled in the art would not recognize in an applicant’s disclosure a description of the invention defined by the claims.”
The examiner must provide reasons and evidence to support their conclusion, not just make general allegations.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2163.04 - Burden On The Examiner With Regard To The Written Description Requirement,
Patent Law,
Patent Procedure