Are mere allegations of nonequivalence sufficient to overcome a prima facie case of equivalence?

No, mere allegations of nonequivalence are not sufficient to overcome a prima facie case of equivalence in means-plus-function claims. MPEP 2184 states:

“Under no circumstance should an examiner accept as persuasive a bare statement or opinion that the element shown in the prior art is not an equivalent embraced by the claim limitation.”

To successfully argue nonequivalence, applicants should provide:

• Detailed explanations supported by the specification
• Evidence from the prior art
• Affidavits or declarations under 37 CFR 1.132

Examiners will consider and weigh all evidence presented to determine if the applicant has met the burden of proof for nonequivalence.

To learn more:

• means-plus-function
• nonequivalence
• prima facie case
• patent examination