What evidence does a patent examiner need to reject a design for simulation?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.