What should patent examiners consider when selecting references for rejection?

When selecting references for rejection, patent examiners should consider several factors to ensure an efficient and effective examination process. According to MPEP 904.03:

• In selecting the references to be used in rejecting the claims, the examiner should carefully compare the references with one another and with the applicant’s disclosure to avoid an unnecessary number of rejections over similar references.
• The examiner is not called upon to cite all references that may be available, but only the “best.”

Examiners should focus on selecting the most relevant and strongest references to support their rejections, rather than citing multiple similar references. This approach helps streamline the examination process and reduces the burden on both the examiner and the applicant.

To learn more:

• prior art
• patent rejection
• reference selection
• patent examination