What role does the ‘totality of the evidence’ play in patent examinations?
The ‘totality of the evidence’ plays a crucial role in patent examinations, as outlined in MPEP 716.01(d). Key points include:
- Examiners must consider all available evidence before making a final determination on obviousness.
- The totality of evidence includes both the prima facie case of obviousness and any secondary considerations.
- No single piece of evidence is determinative; all evidence must be weighed together.
- The overall strength of the evidence for or against obviousness determines the outcome.
The MPEP emphasizes this point: ‘The examiner must consider the totality of the evidence before reaching a conclusion on obviousness.’ This approach ensures a comprehensive and fair evaluation of patent applications.
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