What is one method to argue against an obviousness rejection?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

Demonstrating that the invention is the earliest and prior to others effectively counters an obviousness rejection by establishing a precedence in innovation. When you illustrate that your invention predates others, you provide evidence that it contributes uniquely to the body of knowledge in a manner that may not have been considered obvious at the time. This approach aligns with the principle that non-obviousness can be established by showing prior invention that introduces new concepts or features not present in earlier works.

When examining patent applications, the key criterion for non-obviousness is whether the claimed invention would have been obvious to a person having ordinary skill in the art at the time of the invention. By showing your invention's earlier date relative to others, you can argue that the invention introduces innovative aspects that reasoned expertise in the field would not have predicted. This makes a strong case for patentability, as it challenges the notion that the invention merely builds on existing knowledge in an obvious way.

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