How does the MPEP address the use of admissions for both anticipation and obviousness?

The Manual of Patent Examining Procedure (MPEP) addresses the use of admissions for both anticipation and obviousness determinations. MPEP 2129 states:

“A statement by an applicant in the specification or made during prosecution identifying the work of another as ‘prior art’ is an admission which can be relied upon for both anticipation and obviousness determinations.”

This means that admissions can be used in two key ways:

• Anticipation: An admission can be used to show that all elements of a claimed invention were known in the prior art, potentially rendering the claim anticipated under 35 U.S.C. 102.
• Obviousness: Admissions can be combined with other prior art references to demonstrate that the claimed invention would have been obvious to a person of ordinary skill in the art under 35 U.S.C. 103.

It’s important to note that the weight given to an admission may vary depending on its nature and context. Examiners should carefully consider the full scope and implications of any admission when applying it to anticipation or obviousness rejections.

To learn more:

• admissions
• anticipation
• obviousness
• MPEP 2129
• prior art