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2017.04.12 23:08

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Articles and Rules Cited in the First Office Action


Article 26.4 of the Chinese Patent Law
The claims shall be supported by the description and shall define the extent of the patent protection sought for in a clear and concise manner.



Article 33 of the Chinese Patent Law
An applicant may amend his or its application for a patent, but the amendment to the application for a patent for invention or utility model may not go beyond the scope of the disclosure contained in the initial description and the claims, and the amendment to the application for a patent for design may not go beyond the scope of the disclosure as shown in the initial drawings or photographs.



Article 22.3 of the Chinese Patent Law
Inventiveness means that, as compared with the prior art, the invention has prominent substantive features and represents a notable progress, and that the utility model has substantive features and represents progress.



Article 22.2 of the Chinese Patent Law
Novelty means that the invention or utility model shall neither belong to the prior art, nor has any entity or individual previously filed before the date of filing with the patent administrative department under the State Council an application on an identical invention or utility model which was recorded in patent application documents or other gazetted patent documents published after the said date of filing.

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