What are the implications when claims of distinctness, uniformity and stability (DUS) made in Part 1 of the application are not substantiated in Part 2?
Claims of DUS are essential elements in determining eligibility. If claims made in Part 1 are not substantiated in Part 2 or new claims are not made in the Part 2, the applicant cannot meet the requirements that would result in a grant of PBR. If the Part 1 claims for distinctiveness are not substantiated, the QP will need to provide a written explanation, which should be forwarded to the PBR office when the Part 2 is submitted.
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