How does an examiner evaluate the sufficiency of facts in affidavits or declarations?
When evaluating the sufficiency of facts in affidavits or declarations, examiners follow specific guidelines outlined in MPEP 716. The manual 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 means that examiners must carefully consider:
- The specific claims being made in the affidavit or declaration
- The credibility and expertise of the person providing the statement
- The factual evidence supporting the opinions expressed
- Any conflicting evidence or arguments
Examiners are expected to weigh all these factors to determine if the affidavit or declaration provides sufficient facts to overcome the rejection or objection.
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