How should an applicant respond to a rejection based on questioned test results?

When an applicant faces a rejection based on questioned test results, they have several options for response. According to MPEP 707.07(l):

The applicant must reply to the rejection, for example, by providing the results of an actual test or example which has been conducted, or by providing relevant arguments that there is strong reason to believe that the result would be as predicted.

The applicant can:

  • Provide additional test results or examples to support their claims
  • Present arguments explaining why the original results should be considered valid
  • Offer evidence that strongly suggests the predicted results would occur

It’s crucial that any new information provided does not introduce new matter into the application, as this could lead to further rejections.

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Tags: MPEP, patent application