What is the role of the examiner in making a prima facie case of equivalence?
The examiner plays a crucial role in making a prima facie case of equivalence. According to MPEP 2183: “The examiner must provide an explanation to support an equivalence rejection. When a claim limitation is not literally met by a prior art element, the examiner should explain how the prior art element nonetheless meets the claim…
Read MoreHow is the best mode requirement assessed in patent examinations?
How is the best mode requirement assessed in patent examinations? Assessing compliance with the best mode requirement during patent examination is a challenging task due to its subjective nature. The MPEP 2165.01 provides guidance on how examiners approach this assessment: “The information that is necessary to form the basis for a rejection based on the…
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