What is the significance of attorney arguments in patent examination?

What is the significance of attorney arguments in patent examination?

Attorney arguments play a crucial role in patent examination, but they are not considered evidence. The MPEP 716.01(c) states:

The arguments of counsel cannot take the place of evidence in the record. In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965).

While attorney arguments can provide valuable context and interpretation, they must be supported by objective evidence to be persuasive in overcoming rejections or objections. Examiners are instructed to consider attorney arguments but rely on factual evidence when making patentability determinations.

To learn more:

• attorney arguments
• patent examination
• objective evidence
• MPEP 716.01(c)

To learn more:

• MPEP 716.01(c)