What is the difference between factual evidence and opinion evidence in patent examination?

What is the difference between factual evidence and opinion evidence in patent examination? In patent examination, the distinction between factual evidence and opinion evidence is crucial. The MPEP 716.01(c) provides guidance on this matter: The arguments of counsel cannot take the place of evidence in the record. In re Schulze, 346 F.2d 600, 602, 145…

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How is opinion evidence evaluated in patent examination?

Opinion evidence in patent examination is evaluated based on several factors: The nature of the matter sought to be established The strength of any opposing evidence The interest of the expert in the outcome of the case The presence or absence of factual support for the expert’s opinion The MPEP states: “Although factual evidence is…

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