How should an examiner explain an enablement rejection?
When making an enablement rejection, the examiner should provide a clear explanation focusing on the factors, reasons, and evidence that lead to the conclusion of non-enablement. The MPEP 2164.04 states: “The explanation of the rejection should focus on those factors, reasons, and evidence that lead the examiner to conclude e.g., that the specification fails to…
Read MoreHow does the examiner’s explanation support a prima facie case of equivalence?
The examiner’s explanation is fundamental in supporting a prima facie case of equivalence. MPEP 2183 emphasizes this: “The examiner must provide an explanation to support an equivalence rejection. […] The explanation should be sufficient to establish a prima facie case of obviousness.” The examiner’s explanation supports the prima facie case by: Clearly identifying the claim…
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