Patent Law T he examiner rejected all the claims of the patent application your
ID: 339413 • Letter: P
Question
Patent LawThe examiner rejected all the claims of the patent application your company filed. You notice that the prior art that the examiner cited in the rejection doesn’t include a key feature of the device. This feature is not described in the Specification or the Claims of the patent application, but the feature is apparent in one of the drawings of the patent application. You may not use this feature for adding a limitation to the claims in the amendment phase, in order to reverse the rejection, as this feature is not explicitly described and is only illustrated in the drawings? T/F. Explain. Patent Law
The examiner rejected all the claims of the patent application your company filed. You notice that the prior art that the examiner cited in the rejection doesn’t include a key feature of the device. This feature is not described in the Specification or the Claims of the patent application, but the feature is apparent in one of the drawings of the patent application. You may not use this feature for adding a limitation to the claims in the amendment phase, in order to reverse the rejection, as this feature is not explicitly described and is only illustrated in the drawings? T/F. Explain. Patent Law
Explanation / Answer
False
As, even though the feature has been apparent in drawings, it has not been mentioned or described in the specifications or the claims of the patent application, neither the application has been rejected because of the feature. Hence, the applicant can use this feature in his claim for amendment.