What is the geographical limitation of “in this country” in pre-AIA 35 U.S.C. 102(a)?

The MPEP clearly states that “The knowledge or use relied on in a pre-AIA 35 U.S.C. 102(a) rejection must be knowledge or use ‘in this country.’” This means that prior knowledge or use outside the United States, even if widespread in a foreign country, cannot be used as a basis for rejection under pre-AIA 35 U.S.C. 102(a).

The MPEP cites the case of In re Ekenstam to support this interpretation. It’s important to note that despite changes made to pre-AIA 35 U.S.C. 104 by NAFTA and the Uruguay Round Agreements Act, the phrase “in this country” in pre-AIA 35 U.S.C. 102(a) still refers only to the United States and does not include other WTO or NAFTA member countries.

To learn more:

• pre-AIA 35 U.S.C. 102(a)
• geographical limitation
• in this country
• foreign prior art
• novelty