When can multiple references be used in a 35 U.S.C. 102 rejection?

While normally only one reference should be used in a 35 U.S.C. 102 rejection, multiple references can be used in specific circumstances. According to MPEP 2131.01, multiple references are proper when the extra references are cited to:

• (A) Prove the primary reference contains an “enabled disclosure;”
• (B) Explain the meaning of a term used in the primary reference; or
• (C) Show that a characteristic not disclosed in the reference is inherent.

These circumstances allow for a more comprehensive analysis of the prior art while maintaining the integrity of the anticipation rejection under 35 U.S.C. 102.

To learn more:

• 35 U.S.C. 102
• anticipation
• multiple references
• enabled disclosure
• inherent characteristics