How should conflicting teachings in prior art references be handled?
When the teachings of two or more prior art references conflict, the examiner must weigh the suggestive power of each reference. According to MPEP 2143.01, “Where the teachings of two or more prior art references conflict, the examiner must weigh the power of each reference to suggest solutions to one of ordinary skill in the art, considering the degree to which one reference might accurately discredit another.” This approach ensures a comprehensive evaluation of the prior art landscape and its implications for obviousness determinations.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2143.01 - Suggestion Or Motivation To Modify The References,
Patent Law,
Patent Procedure