How does the MPEP address the weighing of evidence in patent examinations?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The Manual of Patent Examining Procedure (MPEP) 716.01(d) addresses the weighing of evidence in patent examinations. It states: “In assessing the probative value of an expert opinion, the examiner must consider the nature of the matter sought to be established, the strength of any opposing evidence, the interest of the expert in the outcome of the case, and the presence or absence of factual support for the expert’s opinion.” This guidance emphasizes that examiners must carefully evaluate all evidence presented, considering various factors to determine its probative value. The MPEP further clarifies that objective evidence should be weighed against evidence supporting prima facie obviousness . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Primary Examiner Must Review Evidence to Overcome Rejection MPEP 716 Declaration Can Replace Affidavit in Patent Applications MPEP 716 Publications May Serve as Evidence for Facts at Issue MPEP 716 Recommended Examiners Must Evaluate All Applicant Evidence Against Subject Matter Eligibility Rejections MPEP 2106.07 Required Examiners Must Consider All Arguments Against Subject Matter Eligibility Rejection MPEP 2106.07(b) Required Oath or Declaration Required for Traversing Rejections MPEP 716 Required Affidavits Must Be Made Under Oath MPEP 716 Declaration Must Acknowledge False Statements MPEP 716 Required Declaration Must Acknowledge Truthfulness of Statements MPEP 716 Required Form Paragraphs for 37 CFR 1.132 Affidavits Must Be Used MPEP 716 Recommended Other Related FAQs 5 FAQs Collapse Can the absence of an expected property support nonobviousness in patent applications? What types of comparative tests are acceptable for ...