How does MPEP 2122 address the relevance of utility in prior art references?
MPEP 2122 addresses the relevance of utility in prior art references by emphasizing that the utility of a disclosed invention is not a determining factor in its validity as prior art. The section states:
“The prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed.”
This means that even if a prior art reference doesn’t specifically endorse or highlight the utility of a particular alternative, it can still be considered valid prior art. The focus is on the disclosure of the subject matter itself, rather than any statements about its usefulness or practicality.
MPEP 2122 guides patent examiners to consider the entirety of the disclosed subject matter in a reference, regardless of whether the reference explicitly states or emphasizes the utility of any particular aspect of the disclosure.
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