Can pre-AIA 35 U.S.C. 102(e) references be used in obviousness rejections under 35 U.S.C. 103?

Yes, pre-AIA 35 U.S.C. 102(e) references can be used in obviousness rejections under 35 U.S.C. 103. The MPEP cites Supreme Court authorization for this practice: “The Supreme Court has authorized 35 U.S.C. 103 rejections based on pre-AIA 35 U.S.C. 102(e)… Obviousness can be shown by combining other prior art with the U.S. patent reference in…

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What are the requirements for examining claims under 35 U.S.C. 102 and 103 with means-plus-function limitations?

When examining claims with means-plus-function limitations under 35 U.S.C. 102 or 35 U.S.C. 103, examiners must consider both the claimed subject matter and the means or step that performs the specified function. The MPEP 2185 states: “When examining the claims under 35 U.S.C. 102 or 103 a determination of whether the prior art anticipates or…

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