What are the consequences of failing to compare with the closest prior art in a patent application?
Failing to compare with the closest prior art in a patent application can have significant consequences. The MPEP 716.02(e) states: ‘An affidavit or declaration under 37 CFR 1.132 must compare the claimed subject matter with the closest prior art to be effective to rebut a prima facie case of obviousness.’ The consequences of not doing…
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