When Examiners state that an element is known or well-known in the art, the Applicant can challenge this assertion by requesting an Examiner Affidavit. An Examiner Affidavit may also be requested when the Examiner's construction of a term is grossly overbroad. In both cases the traversal would look something like:
WARNING: when personal knowledge of the examiner is not explicit, the assertion by the Examiner may be construed to be "Official Notice". Official Notices traversals must follow a specific set of rules in order to preserve the issue during prosecution, litigation, and appeal. If Official Notice is not timely traversed the asserted facts can be deemed admitted prior art. Case Law:
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