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2.4.10 All Essential Features Disclosed in Citation

Date Published

Where, having properly construed a citation, examiners determine that all the essential features of a claim have been disclosed, a novelty objection is to be taken.

Where there is doubt as to whether a feature is essential that arises through inconsistencies in the specification, examiners should assume that feature is inessential until the inconsistency in the specification is removed (see Conflicting Statements).

Where a novelty objection is taken in these circumstances, examiners need not consider lack of inventive step separately against that claim, since in most cases it can be assumed that claims which are not novel also lack inventive step.  However, the novelty objection should also include a statement that the claims are not inventive (see, for example, PERP codes [F1] to [F3]).

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