How do patent examiners apply the concept of implicit disclosure?
Patent examiners apply the concept of implicit disclosure by considering both the explicit teachings of a reference and the reasonable inferences that a person skilled in the art would draw from it. As stated in MPEP 2144.01, examiners should take into account “not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.”
For example, in the case of In re Preda, a process for producing carbon disulfide at “about 750-830°C” was found to be anticipated by a reference teaching the same process at 700°C. The examiner considered that the reference implicitly disclosed the possibility of using higher temperatures, as it mentioned that temperatures above 750°C were known for similar processes.
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