请教大神:美国MPEP中的When a reference is complex or shows or describes inventions other than that claimed by the applicant, the particular part relied on must be designated as nearly as practicable.这段话该怎么理解?
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siceng
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上下文
Rejection of claims. (1) If the invention is not considered patentable, or not considered patentable as claimed, the claims, or those considered unpatentable will be rejected. (2) In rejecting claims for want of novelty or for obviousness, the examiner must cite the best references at his or her command. When a reference is complex or shows or describes inventions other than that claimed by the applicant, the particular part relied on must be designated as nearly as practicable. The pertinence of each reference, if not apparent, must be clearly explained and each rejected claim specified. (3) In rejecting claims the examiner may rely upon admissions by the applicant, or the patent owner in a reexamination proceeding, as to any matter affecting patentability and, insofar as rejections in applications are concerned, may also rely upon facts within his or her knowledge pursuant to paragraph (d)(2) of this section.
2018/02/02 13:24 [来自北京市]
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canabala
第2楼
在cite prior art 的时候,如果prior art又臭又长,或者不同领域,需要在rejection时,尽量缩小prior art引用范围。
siceng
Rejection of claims.
(1) If the invention is not considered patentable, or not considered patentable as claimed, the claims, or those considered unpatentable will be rejected.
(2) In rejecting claims for want of novelty or for obviousness, the examiner must cite the best references at his or her command. When a reference is complex or shows or describes inventions other than that claimed by the applicant, the particular part relied on must be designated as nearly as practicable. The pertinence of each reference, if not apparent, must be clearly explained and each rejected claim specified.
(3) In rejecting claims the examiner may rely upon admissions by the applicant, or the patent owner in a reexamination proceeding, as to any matter affecting patentability and, insofar as rejections in applications are concerned, may also rely upon facts within his or her knowledge pursuant to paragraph (d)(2) of this section.
2018/02/02 13:24 [来自北京市]
0 举报canabala
2018/02/02 13:27 [来自美国]
0 举报siceng
2018/02/02 13:28 [来自北京市]
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2018/02/02 13:38 [来自北京市]
0 举报Albert_zhou
2018/02/02 13:48 [来自广东省]
0 举报siceng
2018/02/02 13:52 [来自北京市]
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