How does the USPTO weigh objective evidence in patent examination?
The USPTO weighs objective evidence in patent examination by considering the entire record and balancing all evidence. As stated in MPEP 716.01(d):
“The ultimate determination of patentability must be based on consideration of the entire record, by a preponderance of evidence, with due consideration to the persuasiveness of any arguments and any secondary evidence.”
This means that examiners must evaluate all evidence, including both the prima facie case of obviousness and any rebuttal evidence submitted by the applicant, to make a final determination of patentability.
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