What language should be used when rejecting claims in a patent application?
According to MPEP 707.07(d), when rejecting claims in a patent application, examiners should:
- Use the word ‘reject’ and fully and clearly state the ground of rejection.
- Designate the statutory basis for any ground of rejection by express reference to a section of 35 U.S.C. in the opening sentence of each ground of rejection.
- Clearly articulate the reasoning behind any rejection, as the burden is on the Office to establish any prima facie case of unpatentability.
- Avoid grouping claims together in a common rejection unless that rejection is equally applicable to all claims in the group.
The MPEP emphasizes:
Where a claim is refused for any reason relating to the merits thereof it should be ‘rejected’ and the ground of rejection fully and clearly stated, and the word ‘reject’ must be used.
This guidance ensures clear communication of the reasons for rejection and helps applicants understand and respond to the examiner’s position.
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