How can legal precedent be used to support an obviousness rejection?
Legal precedent can be used to support an obviousness rejection when it is warranted and appropriately supported. The MPEP states, “Office personnel may invoke legal precedent as a source of supporting rationale when warranted and appropriately supported.” However, it’s important to note that legal precedent should not be applied blindly. The MPEP cautions, “If the…
Read MoreHow should examiners apply legal precedent in obviousness rejections?
Examiners should apply legal precedent in obviousness rejections carefully and consistently, considering all relevant facts of the case at hand. The MPEP provides guidance on this matter, stating, “The examiner must apply the law consistently to each application after considering all the relevant facts. If the facts in a prior legal decision are sufficiently similar…
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