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 the claim under rejection recites a species and the reference or activity discloses the claimed species, the rejection can be overcome under 37 CFR 1.131(a) directly by showing prior completion of the claimed species or indirectly by a showing of prior completion of a different species coupled with a showing that the claimed species would have been an obvious modification of the species completed by the inventor.”

To learn more:

• species rejection
• 37 CFR 1.131(a)
• overcoming rejection
• patent examination

To learn more:

• 37 CFR 1.131(a)