Can these methods also be used to overcome a 35 U.S.C. 103 rejection?

Yes, the methods used to overcome a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection can also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art.

MPEP 2152.06 explicitly states: “Note that all of the ways of overcoming a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection mentioned in this subsection may also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art.“

This means that benefit claims, priority claims, affidavits or declarations under 37 CFR 1.130, and establishing common ownership or a Joint Research Agreement can all be used to address both 102 and 103 rejections based on the same prior art.

To learn more:

• 35 U.S.C. 103
• 35 U.S.C. 102(a)(1)
• 35 U.S.C. 102(a)(2)
• overcoming rejections
• prior art