MPEP 2145: Rebutting an Obviousness Rejection

Answer in brief

MPEP 2145 tells examiners how to weigh an applicant's rebuttal to an obviousness rejection. It lists arguments that succeed, such as a reference teaching away, and arguments that do not, such as attacking references one at a time when the rejection rests on their combination.

What MPEP 2145 covers

Rebuttal evidence can relate to any of the Graham factors, including secondary considerations.

Argument does not replace evidence where evidence is necessary.
Attacking references individually does not rebut a combination.
Teaching away: the prior art criticizes, discredits or discourages the claimed solution.
Impermissible hindsight arguments, and when an examiner's reasoning is improper.
Arguments about bodily incorporation, physical combinability, number of references, and age of references.

How examiners use it

The examiner must address each rebuttal on the merits and decide patentability on the whole record.

On the patent bar

Expect questions asking which applicant argument would be persuasive. Know which arguments 2145 treats as unpersuasive.

Read the full text

Official title: Consideration of Applicant’s Rebuttal Arguments and Evidence [R-01.2024].

Read MPEP 2145 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 2145.

Sources for this entry

USPTO — MPEP § 2145 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

Teaching Away in the MPEP Impermissible Hindsight in the MPEP MPEP 716: Declarations and Unexpected Results

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Cite or share this entry

MPEP.net. “MPEP 2145: Rebutting an Obviousness Rejection.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-2145/