MPEP § 2131 — Anticipation — Application of 35 U.S.C. 102 (Annotated Rules)

§2131 Anticipation — Application of 35 U.S.C. 102

USPTO MPEP version: BlueIron's Update: 2026-01-10

This page consolidates and annotates all enforceable requirements under MPEP § 2131, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Anticipation — Application of 35 U.S.C. 102

This section addresses Anticipation — Application of 35 U.S.C. 102. Primary authority: 35 U.S.C. 102. Contains: 2 requirements, 1 permission, and 5 other statements.

Key Rules

Topic

Anticipation/Novelty

5 rules
StatutoryPermittedAlways
[mpep-2131-70a0cb0f98a65c83a097dd00]
Invention Must Not Be Anticipated by Prior Art
Note:
A claimed invention may be rejected if it is anticipated by a prior art disclosure that teaches all its elements under the broadest reasonable interpretation.

A claimed invention may be rejected under 35 U.S.C. 102 when the invention is anticipated (or is “not novel”) over a disclosure that is available as prior art. To reject a claim as anticipated by a reference, the disclosure must teach every element required by the claim under its broadest reasonable interpretation. See, e.g., MPEP § 2114, subsections II and IV.

Jump to MPEP SourceAnticipation/NoveltyNovelty / Prior Art
StatutoryRequiredAlways
[mpep-2131-b12c3b7425de3d20de41226e]
Claim Must Be Anticipated Broadly
Note:
To reject a claim as anticipated, the reference must disclose every element of the claim under its broadest reasonable interpretation.

A claimed invention may be rejected under 35 U.S.C. 102 when the invention is anticipated (or is “not novel”) over a disclosure that is available as prior art. To reject a claim as anticipated by a reference, the disclosure must teach every element required by the claim under its broadest reasonable interpretation. See, e.g., MPEP § 2114, subsections II and IV.

Jump to MPEP SourceAnticipation/NoveltyNovelty / Prior Art
StatutoryInformativeAlways
[mpep-2131-1a5aae2831d74a2b2f3c2e24]
Claim Must Be Anticipated Over Prior Art
Note:
A claim is rejected as anticipated if it does not include an element not taught by prior art.

A claimed invention may be rejected under 35 U.S.C. 102 when the invention is anticipated (or is “not novel”) over a disclosure that is available as prior art. To reject a claim as anticipated by a reference, the disclosure must teach every element required by the claim under its broadest reasonable interpretation. See, e.g., MPEP § 2114, subsections II and IV.

Jump to MPEP SourceAnticipation/NoveltyNovelty / Prior Art
StatutoryInformativeAlways
[mpep-2131-54acfc112888d149913597a1]
Claim Must Be Fully Disclosed In One Reference
Note:
A claim is anticipated if all its elements are found in a single prior art reference, either explicitly or inherently described.

“A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987). “When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art.” Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001) (claim to a system for setting a computer clock to an offset time to address the Year 2000 (Y2K) problem, applicable to records with year date data in “at least one of two-digit, three-digit, or four-digit” representations, was held anticipated by a system that offsets year dates in only two-digit formats). See also MPEP § 2131.02. “The identical invention must be shown in as complete detail as is contained in the… claim.” Richardson v. Suzuki Motor Co., 868 F.2d 1226, 1236, 9 USPQ2d 1913, 1920 (Fed. Cir. 1989). The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990). Note that, in some circumstances, it is permissible to use multiple references in a 35 U.S.C. 102 rejection. See MPEP § 2131.01.

Jump to MPEP SourceAnticipation/NoveltyArrangement as ClaimedIdentity of Invention
StatutoryInformativeAlways
[mpep-2131-d3c965842453629a1bd47e88]
Claim Must Be Anticipated By Single Prior Art Reference
Note:
A claim is anticipated if each element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.

“A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987). “When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art.” Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001) (claim to a system for setting a computer clock to an offset time to address the Year 2000 (Y2K) problem, applicable to records with year date data in “at least one of two-digit, three-digit, or four-digit” representations, was held anticipated by a system that offsets year dates in only two-digit formats). See also MPEP § 2131.02. “The identical invention must be shown in as complete detail as is contained in the… claim.” Richardson v. Suzuki Motor Co., 868 F.2d 1226, 1236, 9 USPQ2d 1913, 1920 (Fed. Cir. 1989). The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990). Note that, in some circumstances, it is permissible to use multiple references in a 35 U.S.C. 102 rejection. See MPEP § 2131.01.

Jump to MPEP SourceAnticipation/NoveltyArrangement as ClaimedIdentity of Invention
Topic

Elements of Anticipation (MPEP 2131)

1 rules
StatutoryInformativeAlways
[mpep-2131-2d6f36231ee71837073b7623]
Claim Must Be Fully Anticipated By Single Reference
Note:
A claim is anticipated if all its elements are found in a single prior art reference, either explicitly or inherently.

“A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987). “When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art.” Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001) (claim to a system for setting a computer clock to an offset time to address the Year 2000 (Y2K) problem, applicable to records with year date data in “at least one of two-digit, three-digit, or four-digit” representations, was held anticipated by a system that offsets year dates in only two-digit formats). See also MPEP § 2131.02. “The identical invention must be shown in as complete detail as is contained in the… claim.” Richardson v. Suzuki Motor Co., 868 F.2d 1226, 1236, 9 USPQ2d 1913, 1920 (Fed. Cir. 1989). The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990). Note that, in some circumstances, it is permissible to use multiple references in a 35 U.S.C. 102 rejection. See MPEP § 2131.01.

Jump to MPEP SourceElements of Anticipation (MPEP 2131)Novelty / Prior ArtAnticipation/Novelty
Topic

35 U.S.C. 102 – Novelty / Prior Art

1 rules
StatutoryInformativeAlways
[mpep-2131-75ef6c87efbb364841b088d1]
Claim Covers Multiple Structures Anticipated If Any Known
Note:
A claim is anticipated if any structure or composition within its scope is known in the prior art, even if the claim covers multiple alternatives.

“A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987). “When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art.” Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001) (claim to a system for setting a computer clock to an offset time to address the Year 2000 (Y2K) problem, applicable to records with year date data in “at least one of two-digit, three-digit, or four-digit” representations, was held anticipated by a system that offsets year dates in only two-digit formats). See also MPEP § 2131.02. “The identical invention must be shown in as complete detail as is contained in the… claim.” Richardson v. Suzuki Motor Co., 868 F.2d 1226, 1236, 9 USPQ2d 1913, 1920 (Fed. Cir. 1989). The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990). Note that, in some circumstances, it is permissible to use multiple references in a 35 U.S.C. 102 rejection. See MPEP § 2131.01.

Jump to MPEP SourceNovelty / Prior ArtAnticipation/NoveltyArrangement as Claimed
Topic

Identity of Invention

1 rules
StatutoryRequiredAlways
[mpep-2131-2352cf7affe4ac9200e9c1cf]
Claim Must Be Fully Described
Note:
The identical invention must be described in as complete detail as is contained in the claim for it to be considered anticipated.

“A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987). “When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art.” Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001) (claim to a system for setting a computer clock to an offset time to address the Year 2000 (Y2K) problem, applicable to records with year date data in “at least one of two-digit, three-digit, or four-digit” representations, was held anticipated by a system that offsets year dates in only two-digit formats). See also MPEP § 2131.02. “The identical invention must be shown in as complete detail as is contained in the… claim.” Richardson v. Suzuki Motor Co., 868 F.2d 1226, 1236, 9 USPQ2d 1913, 1920 (Fed. Cir. 1989). The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990). Note that, in some circumstances, it is permissible to use multiple references in a 35 U.S.C. 102 rejection. See MPEP § 2131.01.

Jump to MPEP SourceIdentity of InventionElements of Anticipation (MPEP 2131)Anticipation/Novelty
Topic

Arrangement as Claimed

1 rules
StatutoryRequiredAlways
[mpep-2131-ed832ddd160a7ec36572801e]
Elements Must Match Claim Order
Note:
The elements of a prior art reference must match the order required by the claim, but identical terminology is not necessary.

“A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987). “When a claim covers several structures or compositions, either generically or as alternatives, the claim is deemed anticipated if any of the structures or compositions within the scope of the claim is known in the prior art.” Brown v. 3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001) (claim to a system for setting a computer clock to an offset time to address the Year 2000 (Y2K) problem, applicable to records with year date data in “at least one of two-digit, three-digit, or four-digit” representations, was held anticipated by a system that offsets year dates in only two-digit formats). See also MPEP § 2131.02. “The identical invention must be shown in as complete detail as is contained in the… claim.” Richardson v. Suzuki Motor Co., 868 F.2d 1226, 1236, 9 USPQ2d 1913, 1920 (Fed. Cir. 1989). The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990). Note that, in some circumstances, it is permissible to use multiple references in a 35 U.S.C. 102 rejection. See MPEP § 2131.01.

Jump to MPEP SourceArrangement as ClaimedSingle Reference RequirementNovelty / Prior Art

Citations

Primary topicCitation
35 U.S.C. 102 – Novelty / Prior Art
Anticipation/Novelty
Arrangement as Claimed
Elements of Anticipation (MPEP 2131)
Identity of Invention
35 U.S.C. § 102
Anticipation/NoveltyMPEP § 2114
35 U.S.C. 102 – Novelty / Prior Art
Anticipation/Novelty
Arrangement as Claimed
Elements of Anticipation (MPEP 2131)
Identity of Invention
MPEP § 2131.01
35 U.S.C. 102 – Novelty / Prior Art
Anticipation/Novelty
Arrangement as Claimed
Elements of Anticipation (MPEP 2131)
Identity of Invention
MPEP § 2131.02
35 U.S.C. 102 – Novelty / Prior Art
Anticipation/Novelty
Arrangement as Claimed
Elements of Anticipation (MPEP 2131)
Identity of Invention
In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990)
35 U.S.C. 102 – Novelty / Prior Art
Anticipation/Novelty
Arrangement as Claimed
Elements of Anticipation (MPEP 2131)
Identity of Invention
Richardson v. Suzuki Motor Co., 868 F.2d 1226, 1236, 9 USPQ2d 1913, 1920 (Fed. Cir. 1989)

Source Text from USPTO’s MPEP

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BlueIron Last Updated: 2026-01-10