Keyword Analysis & Research: criticality mpep

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Frequently Asked Questions

Is a claim definite under the MPEP?

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018 Generally, the recitation of specific numerical ranges in a claim does not raise an issue of whether a claim is definite.

How do you rebut a claim for obviousness in MPEP?

See MPEP § 716.02 - § 716.02 (g) for a discussion of criticality and unexpected results. A prima facie case of obviousness may also be rebutted by showing that the art, in any material respect, teaches away from the claimed invention.

How do you determine the criticality of a claimed range?

DEMONSTRATING CRITICALITY OF A CLAIMED RANGE To establish unexpected results over a claimed range, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. In re Hill, 284 F.2d 955, 128 USPQ 197 (CCPA 1960).

What does bracket 4 of the MPEP mean?

In bracket 4, indicate the rejection that has been overcome, including the statutory grounds, e.g.: insufficiency of disclosure under 35 U.S.C. 112 (a) or pre-AIA 35 U.S.C. 112, first paragraph; lack of utility under 35 U.S.C. 101 ; inoperativeness under 35 U.S.C. 101; a specific reference applied under 35 U.S.C. 103; etc. See MPEP § 716 .

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