MPEP 2125: Difference between revisions
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<noinclude>{{MPEP Section|2124|2100|2126}}</noinclude> | <noinclude>{{MPEP Section|2124|2100|2126}}</noinclude> | ||
==[[MPEP 2125|2125 Drawings as Prior Art]]== | ==[[MPEP 2125|2125 Drawings as Prior Art]]== | ||
======DRAWINGS CAN BE USED AS PRIOR ART====== | |||
Drawings and pictures can anticipate claims if they clearly show the structure which is claimed. However, the picture must show all the claimed structural features and how they are put together. The origin of | |||
the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the | |||
claimed invention as can drawings in utility patents. When the reference is a utility patent, it does not matter | |||
that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. See [[MPEP 2121#2121.04 Apparatus and Articles — What Constitutes Enabling Prior Art|MPEP § 2121.04]] for more information on prior art | |||
drawings as "enabled disclosures." | |||
======PROPORTIONS OF FEATURES IN A DRAWING ARE NOT EVIDENCE OF ACTUAL PROPORTIONS WHEN DRAWINGS ARE NOT TO SCALE====== | |||
PROPORTIONS OF FEATURES IN A DRAWING | |||
ARE NOT EVIDENCE OF ACTUAL PROPORTIONS | |||
WHEN DRAWINGS ARE NOT TO | |||
SCALE | |||
When the reference does not disclose that the drawings | When the reference does not disclose that the drawings | ||
are to scale and is silent as to dimensions, arguments | are to scale and is silent as to dimensions, arguments | ||
based on measurement of the drawing features | based on measurement of the drawing features | ||
are of little value. | are of little value. | ||
However, the description of the article pictured can be relied on, in | |||
description of the article pictured can be relied on, in | |||
combination with the drawings, for what they would | combination with the drawings, for what they would | ||
reasonably teach one of ordinary skill in the art. | reasonably teach one of ordinary skill in the art. | ||
Latest revision as of 20:55, December 20, 2011
← MPEP 2124 | ↑ MPEP 2100 | MPEP 2126 → |
2125 Drawings as Prior Art[edit | edit source]
DRAWINGS CAN BE USED AS PRIOR ART[edit | edit source]
Drawings and pictures can anticipate claims if they clearly show the structure which is claimed. However, the picture must show all the claimed structural features and how they are put together. The origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention as can drawings in utility patents. When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. See MPEP § 2121.04 for more information on prior art drawings as "enabled disclosures."
PROPORTIONS OF FEATURES IN A DRAWING ARE NOT EVIDENCE OF ACTUAL PROPORTIONS WHEN DRAWINGS ARE NOT TO SCALE[edit | edit source]
When the reference does not disclose that the drawings are to scale and is silent as to dimensions, arguments based on measurement of the drawing features are of little value.
However, the description of the article pictured can be relied on, in combination with the drawings, for what they would reasonably teach one of ordinary skill in the art.