What evidence does a patent examiner need to reject a design for simulation?
When rejecting a design patent application based on simulation, patent examiners are encouraged to provide evidence to support their decision. The MPEP 1504.01(d) states:
“when a claim is rejected on this basis, examiners should provide evidence, if possible, of the appearance of the object, person or naturally occurring form in question so that a comparison may be made to the claimed design.”
The MPEP provides specific guidance for examiners in form paragraph 15.08.03:
“Applicant’s design has in no way departed from the natural appearance of [1]. This reference is not relied on in this rejection but is supplied merely as representative of the usual or typical appearance of [2] in order that the claim may be compared to that which it is simulating.”
This approach allows the examiner to present a clear comparison between the claimed design and the simulated object, helping to justify the rejection based on lack of originality.
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