How can an applicant use the grace period inventor’s disclosure exception to overcome a 102(a)(1) rejection?
How can an applicant use the grace period inventor’s disclosure exception to overcome a 102(a)(1) rejection? An applicant can use the grace period inventor’s disclosure exception under 35 U.S.C. 102(b)(1)(A) to overcome a 102(a)(1) rejection. According to MPEP 2152.06: “An applicant may overcome a rejection by filing an affidavit or declaration under 37 CFR 1.130(a)…
Read MoreWhat is the difference between overcoming a 102(a)(1) and a 102(a)(2) rejection?
What is the difference between overcoming a 102(a)(1) and a 102(a)(2) rejection? The methods for overcoming 102(a)(1) and 102(a)(2) rejections differ due to the nature of the prior art involved. According to MPEP 2152.06: For 102(a)(1) rejections: Argue that the reference is not prior art Invoke an exception under 102(b)(1) Antedate the reference (for pre-AIA…
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