What is the significance of the phrase ‘applied against the claims’ in MPEP 715.01(d)?

The phrase ‘applied against the claims’ in MPEP 715.01(d) is significant because it indicates that the activities or prior art being discussed are those that are actually being used to reject or challenge the patent claims. This section specifically states:

The activities applied against the claims are those relied on in the rejection.

This means that not all potential prior art or activities are relevant under this section, but only those that the examiner has specifically cited or relied upon in rejecting the claims. Understanding this distinction is crucial for applicants when preparing affidavits or declarations to overcome rejections.

To learn more:

• prior art
• claim rejection
• applied activities
• MPEP 715.01(d)

To learn more:

• MPEP 715.01(d)