You are here:  Ed9 10.2019 Guidebook  » Appendix III: 35 U.S.C. 103

2144.06   Art Recognized Equivalence for the Same Purpose

MPEP SECTION SUMMARY

This section covers combining and substituting equivalents known for the same purpose. For example, an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious.

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I.    COMBINING EQUIVALENTS KNOWN FOR THE SAME PURPOSE

“It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art.”

II.    SUBSTITUTING EQUIVALENTS KNOWN FOR THE SAME PURPOSE

In order to rely on equivalence as a rationale supporting an obviousness rejection, the equivalency must be recognized in the prior art, and cannot be based on applicant’s disclosure or the mere fact that the components at issue are functional or mechanical equivalents.

An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious.


» 2144.07 Art Recognized Suitability for an Intended Purpose