MPEP Q&A 44: Proper Evidentiary Basis for a Rejection Under 35 U.S.C. 171 - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2016-10-18T13:33:05
Question: List two examples of proper evidentiary basis for a rejection under 35 U.S.C. 171 that a claim is lacking in ornamentality. Answer: Examples of proper evidentiary basis for a rejection under 35 U.S.C. 171 that a claim is lacking in ornamentality would be: common knowledge in the art; the appearance of the design itself; the specification of a related utility patent; or information provided in the specification. Chapter Details: The answer to this question can be found in chapter 1500 of the MPEP. This chapter covers design patents. Section Summary: This question and answer comes from section 1504.01(c) of…
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