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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.