How can an applicant overcome a species rejection under 37 CFR 1.131(a)?
An applicant can overcome a species rejection under 37 CFR 1.131(a) in two ways: Directly: By showing prior completion of the claimed species. Indirectly: By showing prior completion of a different species coupled with evidence that the claimed species would have been an obvious modification of the completed species. As stated in MPEP 715.03: “Where…
Read MoreHow can an applicant overcome a rejection if their 37 CFR 1.131(a) affidavit is not fully commensurate with the rejected claim?
If an applicant’s 37 CFR 1.131(a) affidavit is not fully commensurate with the rejected claim, they can still overcome the rejection by demonstrating that the differences would have been obvious. The MPEP 715.02 states: Even if applicant’s 37 CFR 1.131(a) affidavit is not fully commensurate with the rejected claim, the applicant can still overcome the…
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