How can I overcome a pre-AIA 35 U.S.C. 102(b) rejection based on a printed publication or patent?

There are several ways to overcome a pre-AIA 35 U.S.C. 102(b) rejection based on a printed publication or patent:

• Persuasively argue that the claims are patentably distinguishable from the prior art
• Amend the claims to patentably distinguish over the prior art
• Submit and perfect a benefit claim under 35 U.S.C. 120
• Submit and perfect a benefit claim under 35 U.S.C. 119(e)

As stated in MPEP 2133.02(a): “A rejection based on pre-AIA 35 U.S.C. 102(b) can be overcome by: (A) Persuasively arguing that the claims are patentably distinguishable from the prior art; (B) Amending the claims to patentably distinguish over the prior art; (C) Submitting and perfecting a benefit claim under 35 U.S.C. 120 […]; or (D) Submitting and perfecting a benefit claim under 35 U.S.C. 119(e) […]”

To learn more:

• pre-AIA 35 U.S.C. 102(b)
• patent rejection
• prior art
• benefit claim