How can an applicant rebut a prima facie case of anticipation or obviousness in product claims?
An applicant can rebut a prima facie case of anticipation or obviousness in product claims by providing evidence that demonstrates the prior art products do not necessarily possess the characteristics of the claimed product. This is explained in MPEP 2112.01(I): “Therefore, the prima facie case can be rebutted by evidence showing that the prior art…
Read More