How to write appearance patent statement opinions
Statement of Opinions
Dear Examiner:
This statement of opinion is a reply to the ×th examination opinion notice issued on ×month×day×year, and is attached herewithThe full text of the newly revised claims is attached to the statement of opinion.
(1) Modification instructions
The applicant carefully studied the review opinions After referring to the reference documents, the claims are amended as follows:
Add technical features "XXX" to the claim1medium. The technical feature is recorded (where in the original description or in the claims) , therefore the modification does not exceed the scope recorded in the original description and claims. Should repairThe purpose of the change is to overcome the claim pointed out in the Office Action Notice1(lack of novelty) defect. Therefore, the above modifications are in compliance with Article 33 of the Patent Law also complies with Article 51 of the Implementing Rules of the Patent LawArticle3 .
(2) About novelty and creativity
1.Amended claims1Comply with Article 22 of the Patent Law2Novelty as stipulated in paragraph 2 Amended claims1With comparison files1Compared with it has different technical characteristicsA,Therefore,RightsRequirements 1The technical solution requested for protection is different from the comparison document1Disclosed technical solution, claim1PhaseFor comparison files1Has novelty.
2.Modified claims1has the requirements of Article 22 of the Patent Law Article 3Creativity specified in paragraph m;">.(a. Identify the closest prior art.)Comparative document1is in the same technical field as this application , and has the most disclosed technical features, therefore, the ratio document11 span>is the closest prior art to this application.(b.Determine the distinguishing characteristics and the technical problems actually solved)2Amended claims1With comparison file1Compared with has distinguishing characteristicsA, Thus, the actual technical problemto be solved by the present invention is,(c. Determine whether the claimed invention is obvious to those skilled in the art)Comparison file2Although the above-mentioned distinguishing technical features are disclosedA , butAin the comparison file2Therole is span>,As can be seen from the specification of this application, AThe role played in the present invention is, thus Know,AIn comparing files2The role played in it is different from its role in the present invention. Technical personnel in this fieldSkilled personnel see the comparison document2, it is impossible to easily think of Aapply to the closest existing technologyto solve The technical problem of the present invention is that the comparison document 2 does not provide the Aand comparison file1Phasecombination to solve the technical problems of the present invention. . The above distinguishing characteristicsANor is it a common technical method used by those skilled in the art. Therefore, the revisedclaim1Have outstanding substantive characteristics. Adopt the technical solution of claim1(generate What kind of technical effect has been achieved). Therefore, the rightschange the rights requirements1has made significant progress.In summary, the revised claim1relative to The existing technology has outstanding substantive features and significant progress, and possesses the qualifications of Article
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