Is an applicant required to compare their invention with subject matter that doesn’t exist in the prior art?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, an applicant is not required to compare their claimed…

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Can an applicant compare their invention with prior art that is closer than what the examiner cited?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, applicants can compare their claimed invention with prior art…

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