What are the limitations on using official notice in patent examination?
What are the limitations on using official notice in patent examination? There are several important limitations on using official notice in patent examination: Factual basis required: The examiner must have a factual basis for taking official notice. As stated in MPEP 2144.03, “Official notice without documentary evidence to support an examiner’s conclusion is permissible only…
Read MoreHow can an applicant challenge an examiner’s use of official notice?
How can an applicant challenge an examiner’s use of official notice? An applicant can challenge an examiner’s use of official notice by following these steps: Traverse the rejection: In the response to the Office action, explicitly traverse the examiner’s use of official notice. Request evidence: Demand that the examiner provide documentary evidence to support the…
Read MoreWhat should examiners do if an applicant challenges a well-known, routine, conventional activity assertion?
When an applicant challenges an examiner’s assertion that certain elements are well-known, routine, conventional activities, the examiner must carefully reevaluate their position. The MPEP 2106.07(b) provides specific guidance: “If applicant responds to an examiner’s assertion that something is well-known, routine, conventional activity with a specific argument or evidence that the additional elements in a claim…
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