审查员您好，请问我该如何答您的“本领域常规技术”

本帖最后由 李工仲明 于 2015-7-30 22:27 编辑

针对这个该死的问题，我特意查了下国外的审查指南，EP是这样说的，“An assertion that something is common general knowledge need only be backed by documentary evidence (for example, a textbook) if this is contested”。US是这样说的，“Any rejection based on assertions that a fact is well-known or is common knowledge in the art without documentary evidence to support the examiner’s conclusion should be judiciously applied.Furthermore, as noted by the court in Ahlert, any facts so noticed should be of notorious character and serve only to “fill in the gaps” in an insubstantial manner which might exist in the evidentiary showing made by the examiner to support a particular ground for rejection. It is never appropriate to rely solely on common knowledge in the art without evidentiary support in the record as the principal evidence upon which a rejection was based. See Zurko, 258 F.3dat 1386, 59 USPQ2d at 1697; Ahlert, 424 F.2d at1092, 165 USPQ 421.”。审查员大爷，您能不能学着点。