How does the “way” prong of the function-way-result test apply in a prima facie case of equivalence?

The “way” prong of the function-way-result test is a critical component in establishing a prima facie case of equivalence. MPEP 2183 provides guidance on this aspect: “The examiner must explain how the prior art element performs the claimed function in substantially the same way as the claimed invention.” To satisfy the “way” prong, the examiner…

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What is the significance of the ‘result’ in the function-way-result test for equivalence?

The ‘result’ component of the function-way-result test is crucial in establishing equivalence between a claimed invention and a prior art element. According to MPEP 2183: “The examiner must explain… how [the prior art element] achieves substantially the same result as the claimed invention.” The significance of the ‘result’ prong lies in: Demonstrating that the outcome…

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