How can applicants respond to obviousness rejections based on scientific theory?

How can applicants respond to obviousness rejections based on scientific theory? When faced with obviousness rejections based on scientific theory, applicants have several strategies to respond effectively. The MPEP 2144.02 provides guidance on how examiners use scientific principles, but applicants can counter these arguments in several ways: Challenge the applicability of the theory: Demonstrate that…

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How can inventors overcome an obviousness rejection based on Art Recognized Suitability?

Inventors facing an obviousness rejection based on Art Recognized Suitability can employ several strategies to overcome the rejection: Demonstrate unexpected results: Show that the invention produces results that would not have been predicted by a person of ordinary skill in the art. Prove superior properties: Provide evidence that the chosen material or component performs better…

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How can an inventor overcome an obviousness rejection based on art recognized equivalence?

An inventor facing an obviousness rejection based on art recognized equivalence can employ several strategies to overcome the rejection. Here are some approaches based on the principles outlined in MPEP 2144.06: Challenge the Equivalency: Argue that the prior art does not actually recognize the equivalency between the components. Remember, the MPEP states: “In order to…

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