How can a provisional rejection under pre-AIA 35 U.S.C. 102(e) be overcome?
A provisional rejection under pre-AIA 35 U.S.C. 102(e) can be overcome in several ways. The MPEP states: A provisional rejection under pre-AIA 35 U.S.C. 102(e) can be overcome in the same manner that a pre-AIA 35 U.S.C. 102(e) rejection can be overcome. See MPEP § 2136.05.
Additionally, The provisional rejection can also be overcome by abandoning the applications and filing a new application containing the subject matter of both.
These options provide applicants with flexibility in responding to such rejections, including amending claims, submitting evidence, or strategic refiling of applications.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2136.01 - Status Of Unpublished Or Published As Redacted U.S. Application As A Reference Under Pre - Aia 35 U.S.C. 102(E),
Patent Law,
Patent Procedure