What is the examiner’s burden under the enablement requirement?
The examiner has the initial burden to establish a reasonable basis to question the enablement provided for the claimed invention. As stated in MPEP 2164.04: “In order to make a rejection, the examiner has the initial burden to establish a reasonable basis to question the enablement provided for the claimed invention.” (In re Wright, 999…
Read MoreHow does the examiner’s burden of proof work in process of making and product made distinctness?
How does the examiner’s burden of proof work in process of making and product made distinctness? In establishing distinctness between a process of making and a product made, the examiner bears the burden of proof. According to MPEP 806.05(f): “The burden is on the examiner to provide an example, but the example need not be…
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