What is the burden of proof for nonequivalence in means-plus-function claims?
When a prima facie case of equivalence has been made by the examiner, the burden shifts to the applicant to prove nonequivalence. According to MPEP 2184, “Where, however, the specification is silent as to what constitutes equivalents and the examiner has made out a prima facie case of equivalence, the burden is placed upon the…
Read MoreAre mere allegations of nonequivalence sufficient to overcome a prima facie case of equivalence?
No, mere allegations of nonequivalence are not sufficient to overcome a prima facie case of equivalence in means-plus-function claims. MPEP 2184 states: “Under no circumstance should an examiner accept as persuasive a bare statement or opinion that the element shown in the prior art is not an equivalent embraced by the claim limitation.” To successfully…
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