How does the USPTO evaluate rebuttal evidence for obviousness rejections?
The USPTO evaluates rebuttal evidence for obviousness rejections by considering all relevant evidence and weighing it appropriately. As stated in MPEP 2145: “Office personnel should not evaluate rebuttal evidence for its ‘knockdown’ value against the prima facie case, Piasecki, 745 F.2d at 1473, 223 USPQ at 788, or summarily dismiss it as not compelling or…
Read MoreHow does the USPTO evaluate the sufficiency of evidence in a 37 CFR 1.130(a) declaration?
The USPTO evaluates the sufficiency of evidence in a 37 CFR 1.130(a) declaration based on a preponderance of the evidence standard. The evidence must show that the disclosure was made by the inventor or joint inventor, or obtained directly or indirectly from them. According to MPEP 717.01(a)(1): The evidence necessary to show that the disclosure…
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