What does “by another” mean in the context of pre-AIA 35 U.S.C. 102(e)?

In the context of pre-AIA 35 U.S.C. 102(e), “by another” means a different inventive entity. The MPEP clarifies this in MPEP 2136.04:

“‘Another’ means other than applicants, In re Land, 368 F.2d 866, 151 USPQ 621 (CCPA 1966), in other words, a different inventive entity. The inventive entity is different if not all inventors are the same.”

This means that even if an application and a reference have one or more inventors in common, the reference can still be considered “by another” if the inventive entities are not identical.

To learn more:

• pre-AIA 35 U.S.C. 102(e)
• inventive entity
• by another
• prior art