What is the significance of pre-AIA 35 U.S.C. 103(c) in patent examination?

Pre-AIA 35 U.S.C. 103(c) is significant in patent examination as it provides a way to disqualify certain prior art references in obviousness rejections. The MPEP states:

“Examiners are reminded that a reference used in an anticipatory rejection under pre-AIA 35 U.S.C. 102(e), (f), or (g) is not disqualified as prior art if the reference is disqualified under pre-AIA 35 U.S.C. 103(c).“

This means that while a reference may be disqualified for use in an obviousness rejection under 103(c), it can still be used for other types of rejections.

To learn more:

• pre-AIA 35 U.S.C. 103(c)
• prior art
• obviousness rejection
• patent examination