What action should a patent examiner take if they question test results in a patent application?

If a patent examiner questions the test results in a patent application, they should reject the relevant claims based on insufficient disclosure. The MPEP 707.07(l) provides clear guidance:

If the examiner questions the results, the appropriate claims should be rejected as being based on an insufficient disclosure under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112.

This rejection is based on the written description and enablement requirements of 35 U.S.C. 112. The examiner should provide a clear explanation of why they believe the disclosure is insufficient to support the claimed invention.

To learn more:

• patent examination
• test results
• insufficient disclosure
• 35 U.S.C. 112

To learn more:

• 35 U.S.C. 112