What action should a patent examiner take if they question test results in a patent application?
If a patent examiner questions the test results in a patent application, they should reject the relevant claims based on insufficient disclosure. The MPEP 707.07(l) provides clear guidance: If the examiner questions the results, the appropriate claims should be rejected as being based on an insufficient disclosure under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C.…
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