Examining Procedure

by Steve Reiss (stevenreiss@scienbizippc.com) 

After evidence or argument is submitted by the applicant in response, patentability is determined on the totality of the record, by a preponderance of evidence with due consideration to persuasiveness of argument. 

If examination at the initial stage does not produce a prima facie case of unpatentability, then without more the applicant is entitled to grant of the patent.

In Re Hans Oetiker, 977 F.2d 1443 (Fed. Cir. 1992)