A NPPA your company filed describes a device for processing specialty foods. The examiner identifies a...

A NPPA your company filed describes a device for processing specialty foods. The examiner identifies a prior art reference that describes a similar device, but only described being used for simple foods; not for specialty foods that are significantly more complex. The examiner rejects the claims of the NPPA. What is the likely basis for the rejection? Be specific. What argument could be used, if applicable, to reverse the rejection?

Expert Solution

The company had filed for patents for a device which was developed for processing specialty foods. The examiner of patent rights was able to identify a prior art reference, used for describing a similar device. Hence the examiner rejected the claims of the NPPA. The rejection would have been based on Sec 706.02 Rejection on Prior Act. As per this section, if the patent under consideration, has been filed by another inventor, then the entitlement of current patent is rejected as it is not a novel idea.

The company can put forward the argument that the prior-registered patent was described being used for simple foods. The scope of the coverage of the prior-registered patent is limited, only to simple foods, while the company is filing the patent in context of specialty foods. As there is considerable difference and no overlapping between simple and specialty foods, the current patent is novel in its concept and hence can be patented.

keosha answered 3 months ago

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