¶ 7.37.09 Unpersuasive Argument: Intended Use
In response to applicant’s argument that [1], a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Examiner Note:
1. In bracket 1, briefly restate applicant’s arguments with respect to the issue of intended use.
2. This form paragraph must be preceded by form paragraph 7.37.