What is the legal standard for establishing a prima facie case of anticipation or obviousness in product and apparatus claims?
According to MPEP 2112.01(I), a prima facie case of either anticipation or obviousness is established when:
- The claimed and prior art products are identical or substantially identical in structure or composition, or
- The claimed and prior art products are produced by identical or substantially identical processes
This principle is supported by the following quote from the MPEP:
“Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established.” In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
This means that if the USPTO can show a sound basis for believing that the products of the applicant and the prior art are the same, the burden shifts to the applicant to prove they are not.
To learn more:
Topics:
And Apparatus Claims,
MPEP 2100 - Patentability,
MPEP 2112.01 - Composition,
Patent Law,
Patent Procedure,
Product