What is the key principle in supporting a rejection under 35 U.S.C. 103?
The key principle in supporting a rejection under 35 U.S.C. 103 is to avoid treating any line of reasoning as a per se rule. The MPEP states, “When considering obviousness, Office personnel are cautioned against treating any line of reasoning as a per se rule.” This means that examiners must provide a flexible approach to obviousness and explain their rationale thoroughly.
The MPEP further emphasizes, “Simply stating the principle (e.g., ‘art recognized equivalent,’ ‘structural similarity’) without providing an explanation of its applicability to the facts of the case at hand is generally not sufficient to establish a prima facie case of obviousness.” This underscores the importance of providing a clear and specific explanation when making an obviousness rejection.
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