What is the significance of 37 CFR 1.104(a)(1) in relation to MPEP 901?
MPEP 901 specifically references 37 CFR 1.104(a)(1), indicating its importance in understanding prior art and patent examination procedures. The section states:
“Note 37 CFR 1.104(a)(1) in MPEP § 707.“
37 CFR 1.104(a)(1) is a federal regulation that outlines the nature of examination in patent applications. It requires patent examiners to make a thorough study of the application and investigate the available prior art relating to the subject matter of the claimed invention.
By referencing this regulation, MPEP 901 emphasizes the legal basis for considering prior art during patent examination. It underscores the examiner’s duty to conduct a comprehensive search and evaluation of prior art when assessing a patent application’s novelty and non-obviousness.
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