What is the significance of objective evidence in overcoming a prima facie case of obviousness?
The significance of objective evidence in overcoming a prima facie case of obviousness is highlighted in MPEP 716.01(d). The manual states:
“Where the evidence is insufficient to overcome the prima facie case, the rejection will be maintained.”
This implies that objective evidence can potentially overcome a prima facie case of obviousness if it is sufficiently strong. The MPEP further elaborates:
“The ultimate determination of patentability is based on the entire record, by a preponderance of evidence, with due consideration to the persuasiveness of any arguments and any secondary evidence.”
This guidance emphasizes the importance of considering all evidence and arguments holistically when determining patentability, with objective evidence playing a crucial role in potentially overcoming obviousness rejections.
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