What is the scope of prior art available under pre-AIA 35 U.S.C. 102(e)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Under pre-AIA 35 U.S.C. 102(e), the entire disclosure of certain U.S. patents, patent application publications, or international application publications can be used as prior art against patent claims. As stated in the MPEP: “Under pre-AIA 35 U.S.C. 102(e), the entire disclosure of a U.S. patent, a U.S. patent application publication, or an international application publication having an earlier effective U.S. filing date (which will include certain international filing dates) can be relied on to reject the claims.” This means that any content within these documents, not just the claims, can potentially be used to reject patent claims if the document has an earlier effective filing date than the application being examined. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Claims Must Be Supported by Provisional Application MPEP 2136.02 Required Entire U.S. Patent Can Be Cited Against Claims MPEP 2136.02 Requirement for Pre-AIA 35 U.S.C. 102(e) Rejection MPEP 2132.01 Recommended Requirement for U.S. Patent, Application Publication, or PCT Publication MPEP 2136 Required Use of U.S. Patents in Obviousness Rejections MPEP 2136.02 Permitted U.S. Patents Show Anticipation or Obviousness MPEP 2136.02 Permitted Canceled Example Cannot Be Used as Prior Art MPEP 2136.02 U.S. Patents Can Show Anticipation Or Obviousness MPEP 2136.02 Earlier Filed Applications Can Reject Claims MPEP 2136.02 Permitted Use of International and U.S. Patents as Prior Art Under Pre-AIA 102(e) MPEP 2139.02 Other Related FAQs 5 FAQs Collapse Can canceled portions of a patent application be used as prior art under pre-AIA 35 U.S.C. 102(e)? How does the effective filing date affect prior art un...