What should patent examiners consider when selecting references for rejection?
When selecting references for rejection, patent examiners should consider several factors to ensure an efficient and effective examination process. According to MPEP 904.03: In selecting the references to be used in rejecting the claims, the examiner should carefully compare the references with one another and with the applicant’s disclosure to avoid an unnecessary number of…
Read MoreHow should examiners handle references with recent publication dates?
Examiners should carefully consider how to handle references with recent publication dates during the patent examination process. The MPEP 904.03 provides guidance on this matter: Sometimes the best reference will have a publication date less than a year prior to the application filing date, hence it will be open to being overcome under 37 CFR…
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