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Proving a Difference in Properties

  • Harold C. Wegner

Abstract

Garden variety chemical patent practice often includes a first action by the Examiner citing a “homolog” or other closely related structure. This is followed by the applicant submitting an affidavit or declaration under 37 CFR § 1.132 with a ream of test data comparing the two. The Examiner then allows the claims. As a garden variety approach, this is the wrong way to proceed.

Keywords

Prima Facie Comparative Showing Prima Facie Case Generic Disclosure Federal Circuit 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Copyright information

© Harold C. Wegner 1992

Authors and Affiliations

  • Harold C. Wegner

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