Can a single unexpected property overcome an obviousness rejection?
A single unexpected property may be sufficient to overcome an obviousness rejection, but its significance is crucial. The MPEP provides an example: “Evidence that the compound was unexpectedly nonaddictive was sufficient to overcome the obviousness rejection. Although the compound also had the expected result of potent analgesia, there was evidence of record showing that the…
Read MoreHow does a 37 CFR 1.131(a) affidavit overcome a pre-AIA 35 U.S.C. 103 rejection?
A 37 CFR 1.131(a) affidavit can overcome a pre-AIA 35 U.S.C. 103 rejection by showing completion of the invention prior to the effective date of the reference(s) cited in the rejection. The MPEP 715.02 states: Applicant may overcome a pre-AIA 35 U.S.C. 103 rejection based on a combination of references by showing completion of the…
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