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2183 Making a Prima Facie Case of Equivalence

MPEP SECTION SUMMARY

A prior art element is equivalent to the corresponding element disclosed in the specification. If the examiner finds that a prior art element performs the function specified in the claim, and is not excluded by any explicit definition provided in the specification for an equivalent, the examiner should infer that the prior art element is an equivalent. It should be concluded that the claimed limitation is anticipated by the prior art element.

 

» 2184 Determining Whether an Applicant Has Met the Burden of Proving Nonequivalence After a Prima Facie Case Is Made