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706.03   Rejections Not Based on Prior Art

MPEP SECTION SUMMARY This section provides a brief introduction to how rejections not based on prior art are handled through the Office.

Under the principles of compact prosecution, each claim should be reviewed for compliance with every statutory requirement for patentability in the initial review of the application, even if one or more claims are found to be deficient with respect to some statutory requirement.

Whenever practicable, USPTO personnel should indicate how rejections may be overcome and how problems may be resolved.

• Where a rejection not based on prior art is proper (lack of adequate written description, enablement, or utility, etc.) such rejection should be stated with a full development of the reasons rather than by a mere conclusion.
  
  

 

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