How does pre-AIA 35 U.S.C. 103(c) affect anticipation rejections?
Pre-AIA 35 U.S.C. 103(c) specifically applies to obviousness rejections and does not affect anticipation rejections. The MPEP clearly states: “Pre-AIA 35 U.S.C. 103(c) applies only to prior art usable in an obviousness rejection under 35 U.S.C. 103. Subject matter that qualifies as anticipatory prior art under pre-AIA 35 U.S.C. 102 is not affected, and may…
Read More