How does pre-AIA 35 U.S.C. 103(c) affect anticipation rejections?
Pre-AIA 35 U.S.C. 103(c) specifically applies to obviousness rejections and does not affect anticipation rejections. The MPEP clearly states:
“Pre-AIA 35 U.S.C. 103(c) applies only to prior art usable in an obviousness rejection under 35 U.S.C. 103. Subject matter that qualifies as anticipatory prior art under pre-AIA 35 U.S.C. 102 is not affected, and may still be used to reject claims as being anticipated.”
This means that even if prior art is disqualified under pre-AIA 35 U.S.C. 103(c) for obviousness rejections, it can still be used for anticipation rejections under pre-AIA 35 U.S.C. 102. It’s important for patent applicants and examiners to understand this distinction when considering the applicability of prior art.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2146.01 - Prior Art Disqualification Under Pre - Aia 35 U.S.C. 103(C),
Patent Law,
Patent Procedure