How should rebuttal evidence be evaluated in patent examination?

Rebuttal evidence in patent examination should be evaluated holistically against the prima facie case, not in isolation. According to MPEP 716.01(d):

“All of the competent rebuttal evidence taken as a whole should be weighed against the evidence supporting the prima facie case.”

This means that examiners should consider the entire body of rebuttal evidence together, rather than evaluating each piece individually for its ability to overcome the prima facie case. The goal is to make a balanced assessment of all available evidence.

To learn more:

• rebuttal evidence
• patent examination
• prima facie case
• USPTO