How can patent examiners use A.P.C. published applications in patent examination?
Patent examiners can use A.P.C. published applications as prior art in patent examination, but with specific limitations. According to the MPEP: An A.P.C. published application may be used by the examiner as a basis for rejection only as a printed publication effective from the date of publication, which is printed on each copy.
This means that examiners can cite these applications as prior art, but only from their publication date, not their filing date. It’s crucial to treat them as printed publications rather than as patents when using them in rejections.
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