Can a 35 U.S.C. 102 rejection be made if the reference doesn’t teach how to practice the invention?
Yes, a 35 U.S.C. 102 rejection can be made even if the primary reference doesn’t explicitly teach how to practice the invention. The MPEP Section 2121.01 explains: “It is possible to make a 35 U.S.C. 102 rejection even if the reference does not itself teach one of ordinary skill how to practice the invention, i.e.,…
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