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Q63. Additional Experimental Data

Q63. Additional Experimental Data
Can we submit an additional experimental data to overcome inventive step rejection?

A63. Generally, yes. Examination Guideline explains “Effects to be considered, asserted in a response to an office action” as follows:
Where advantageous effects compared to cited inventions are described in a specification, or where advantageous effects are not explicitly described but can be inferred from the statements in the specification or the drawings by a person skilled in the art, the effects asserted or verified (e.g., experimental results) in a written argument, etc. should be considered. However, the effects asserted in the written argument, which are not described in the specification and that a person skilled in the art couldn’t deduce from the description of the specification or the drawings, should not be taken into consideration.