How does MPEP 904 guide examiners in determining the field of search?
MPEP 904 provides specific guidance for examiners to determine the appropriate field of search:
- Analyze the disclosure and claims of the application
- Identify the invention and its elements
- Consider analogous and pertinent fields
- Consult classification resources
The MPEP states: “The examiner’s field of search should be broad enough to cover all subject matter which the disclosed or claimed invention would have caused one skilled in the art to investigate.” (MPEP 904)
This approach ensures a comprehensive search that covers both the specific invention and related technologies that may contain relevant prior art.
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