How does the MPEP address the weighing of evidence in patent examinations?
The Manual of Patent Examining Procedure (MPEP) 716.01(d) addresses the weighing of evidence in patent examinations. It states:
“In assessing the probative value of an expert opinion, the examiner must consider the nature of the matter sought to be established, the strength of any opposing evidence, the interest of the expert in the outcome of the case, and the presence or absence of factual support for the expert’s opinion.”
This guidance emphasizes that examiners must carefully evaluate all evidence presented, considering various factors to determine its probative value. The MPEP further clarifies that objective evidence should be weighed against evidence supporting prima facie obviousness.
To learn more: