OPQA reviews work products based on the statutory compliance standard. Examiner Office actions are reviewed for statutory compliance by evaluating whether the Office action includes appropriate and clear determinations for every pending claim based on the four patentability statutes:
· 35 U.S.C. §102 - Novelty;
· 35 U.S.C. §103 - Obviousness;
· 35 U.S.C. §112 – Specification (Enablement, Written Description, Definiteness);
· 35 U.S.C. §101 – Inventions Patentable (Subject Matter Eligibility, Utility).
To comply with the statutory compliance standard, rejections must be correct and must, at a minimum, appropriately (1) identify the claim and relevant statute and (2) set forth sufficient evidence to put a person skilled in the art on notice as to why the claim is considered unpatentable. In addition, failure to make a rejection under a statutory basis that should have been made (i.e., omitted rejection) results in the work product not complying with the statutory compliance standard.