Can secondary considerations overcome a 35 U.S.C. 102 rejection?
No, secondary considerations cannot overcome a rejection based on 35 U.S.C. 102 (anticipation). This is clearly stated in MPEP 2131.04: “Evidence of secondary considerations, such as unexpected results or commercial success, is irrelevant to 35 U.S.C. 102 rejections and thus cannot overcome a rejection so based.” The MPEP cites the case of In re Wiggins…
Read MoreWhat is the significance of In re Wiggins in patent law?
In re Wiggins is a significant case in patent law that clarifies the role of secondary considerations in different types of patent rejections. The case is cited in MPEP 2131.04, which states: “Evidence of secondary considerations, such as unexpected results or commercial success, is irrelevant to 35 U.S.C. 102 rejections and thus cannot overcome a…
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