When is it necessary to search outside the proper classification in patent examination?
While patent examiners typically focus on the proper classification for their searches, there are instances where searching outside this classification is necessary. The MPEP 904.02(a) provides guidance on this:
“However, if the above proper classification does not correspond to the subject matter found in the claims (e.g., a situation where the proper classification corresponds to a disclosed, but unclaimed, embodiment), it is not necessary to search areas in which it could reasonably have been determined that there was a low probability of finding the best reference(s).”
This means that examiners should focus their search on areas most likely to contain relevant prior art, even if that means looking beyond the proper classification. The key is to ensure a thorough search while maintaining efficiency.
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