How can an applicant rebut a prima facie case of anticipation or obviousness in product claims?
An applicant can rebut a prima facie case of anticipation or obviousness in product claims by providing evidence that demonstrates the prior art products do not necessarily possess the characteristics of the claimed product. This is explained in MPEP 2112.01(I): “Therefore, the prima facie case can be rebutted by evidence showing that the prior art…
Read MoreWhat is the legal standard for establishing a prima facie case of anticipation or obviousness in product and apparatus claims?
According to MPEP 2112.01(I), a prima facie case of either anticipation or obviousness is established when: The claimed and prior art products are identical or substantially identical in structure or composition, or The claimed and prior art products are produced by identical or substantially identical processes This principle is supported by the following quote from…
Read MoreWhat is a prima facie case of unpatentability?
A prima facie case of unpatentability is a crucial concept in patent law. The MPEP Section 2001.05 defines it as follows: “A prima facie case of unpatentability is established when the information compels a conclusion that a claim is unpatentable under the preponderance of evidence, burden-of-proof standard, giving each term in the claim its broadest…
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