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…
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