How can an applicant overcome a 35 U.S.C. 102(a)(2) rejection based on prior art with a common assignee?
How can an applicant overcome a 35 U.S.C. 102(a)(2) rejection based on prior art with a common assignee? An applicant can overcome a 35 U.S.C. 102(a)(2) rejection based on prior art with a common assignee by invoking the common ownership exception under 35 U.S.C. 102(b)(2)(C). According to MPEP 2152.06: “An applicant may show that the…
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…
Read MoreCan canceled matter from a patent application be used in a 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e) rejection?
Canceled matter from a patent application cannot be used in a 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e) rejection. The MPEP clearly states: “Canceled matter in the application file of a U.S. patent or application publication cannot be relied upon in a rejection under 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e).” Ex Parte…
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