Ex parte Gray

An applicant must present concrete factual evidence, not mere questioning or unsupported expert opinion, of a nonobvious difference between a claimed product and a substantially identical prior-art product; a publication's unsupported dismissal of the prior art was inadequate to overcome the rejection.

Written by

A language model, from how the MPEP uses this case rather than from the opinion.

Confidence

high — self-reported, not calibrated against a measured error rate

Human review

Not reviewed by a person

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