How does MPEP 901 guide patent examiners in their prior art search?
While MPEP 901 itself is brief, it provides crucial guidance to patent examiners for their prior art search by referencing other key sections of the MPEP. The section states:
“Note 37 CFR 1.104(a)(1) in MPEP § 707. See also MPEP § 2121 – § 2129.“
This guidance directs examiners to:
- Review MPEP § 707, which details how to cite prior art during examination
- Consult MPEP § 2121 – § 2129, which provide comprehensive information on various aspects of prior art
- Consider the requirements of 37 CFR 1.104(a)(1), which mandates a thorough study of the application and investigation of available prior art
By referring to these resources, MPEP 901 ensures that examiners have a structured approach to searching for and evaluating prior art, promoting consistency and thoroughness in the patent examination process.
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