112 Rejection Question
I had an examiner interview where the examiner basically said “you didn’t have X in the working examples…therefore your claim is like a CIP because you never claimed X before.” None of this was based on actual fact so we were like huh?! So my question is…what are your favorite 112 arguments that work well with an Examiner that is stuck on one example of your spec showing an opposite thing from what you are claiming but you still have support for the claimed embodiment?!