What is required for a reference to be anticipatory prior art?
For a reference to be considered anticipatory prior art, it must meet specific criteria. According to MPEP 2122: “In order to constitute anticipatory prior art, a reference must identically disclose the claimed compound, but no utility need be disclosed by the reference.” This means that: The reference must identically disclose the claimed compound. The reference…
Read MoreCan 37 CFR 1.131(c) be used to disqualify anticipatory prior art?
No, 37 CFR 1.131(c) cannot be used to disqualify anticipatory prior art. The MPEP clearly states: A U.S. patent or U.S. patent application publication that anticipates the claimed subject matter cannot be disqualified as prior art under pre-AIA 35 U.S.C. 103(c) or 37 CFR 1.131(c). This means that if a U.S. patent or U.S. patent…
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