Ex parte Remark

The evidentiary routine of shifting burdens used in civil proceedings is inappropriate in ex parte prosecution because the examiner has no means for adducing evidence; the applicant therefore bears the burden of producing evidence of commercial success.

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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