Tuesday, March 12, 2013

MPEP 2112.01 and In re Best

See Ex parte Weber

The Examiner correctly cites to MPEP 2112.01, which states that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255 (CCPA 1977).

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