MPEP Q&A 97: Nonstatutory Double Patenting Rejection Made Under Obviousness Analysis - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

from 2017-07-04T14:04:56

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Question: What must any nonstatutory double patenting rejection made under the obviousness analysis make clear? Answer: Any nonstatutory double patenting rejection made under the obviousness analysis should make clear: (A) The differences between the inventions defined by the conflicting claims — a claim in the patent compared to a claim in the application; and (B) The reasons why a person of ordinary skill in the art would conclude that the invention defined in the claim at issue would have been an obvious variation of the invention defined in a claim in the patent. Chapter Details: The answer to this question can…


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