When can a patent examiner question test results in a patent application?

A patent examiner can question test results in a patent application when there is a reasonable basis for doing so. The Manual of Patent Examining Procedure (MPEP) 707.07(l) states:

The results of the tests and examples should not normally be questioned by the examiner unless there is reasonable basis for questioning the results.

If an examiner has a valid reason to doubt the accuracy or relevance of the provided test results, they may challenge them. However, this should not be done arbitrarily and must be based on a sound rationale.

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Tags: MPEP, patent application, patent examination