How does the USPTO define ‘closest prior art’ in patent examinations?
The USPTO’s definition of ‘closest prior art’ is not explicitly stated in the MPEP, but it can be inferred from the guidance provided. According to MPEP 716.02(e):
‘In re Blondel, 499 F.2d 1311, 1317, 182 USPQ 294, 298 (CCPA 1974) and In re Fouche, 439 F.2d 1237, 1241-42, 169 USPQ 429, 433 (CCPA 1971) for examples of cases where the prior art taught some (lesser) activity.’
From this, we can understand that ‘closest prior art’ typically refers to the most relevant existing technology or invention that demonstrates similar or related functionality to the claimed invention, even if to a lesser degree. It’s the prior art that most closely resembles or relates to the claimed invention in terms of structure, function, or intended use.
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