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How do I answer a Section 3 objection?
Each clause needs different evidence. Using the wrong one wastes the reply.
You need evidence of synergy.
Section 3(e) turns on the word only: a mere admixture producing only the aggregation of the properties of its components is excluded.
- Compare the composition against each component alone, and against the expected additive effect.
- A comparison against an untreated control shows the product works; it does not show synergy.
- Assert synergy in the specification as filed, with the data behind it.
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This is educational guidance, not personalised legal advice. It cannot see your documents, your dates or the prior art, and those are usually what decide the answer. Use it to understand the question, then take advice on your own facts.
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