Can attorney arguments replace evidence in patent cases?
No, attorney arguments cannot replace evidence in patent cases. The MPEP clearly states: “The arguments of counsel cannot take the place of evidence in the record.” (MPEP 716.01(c)) This principle is based on the case In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965). Attorney statements regarding aspects such as unexpected…
Read MoreCan arguments of patent attorneys replace evidence in patent examination?
Can arguments of patent attorneys replace evidence in patent examination? No, the arguments of patent attorneys cannot replace actual evidence in patent examination. This principle is clearly stated in MPEP 716.01(c) II: The arguments of counsel cannot take the place of evidence in the record. In re Schulze, 346 F.2d 600, 602, 145 USPQ 716,…
Read MoreWhat is the significance of attorney arguments in patent examination?
What is the significance of attorney arguments in patent examination? Attorney arguments play a crucial role in patent examination, but they are not considered evidence. The MPEP 716.01(c) states: The arguments of counsel cannot take the place of evidence in the record. In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965).…
Read MoreWhat is the role of attorney arguments in patent examination?
What is the role of attorney arguments in patent examination? Attorney arguments play a significant role in patent examination, but they are not considered evidence. According to MPEP 716.01(C)(II), “The arguments of counsel cannot take the place of evidence in the record. In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965).”…
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