What happens if an applicant submits a statement to invoke the AIA 35 U.S.C. 102(b)(2)(C) exception?
When an applicant submits a statement to invoke the AIA 35 U.S.C. 102(b)(2)(C) exception, the examiner must carefully consider the statement and its implications. The MPEP provides specific guidance: ‘If the applicant disqualifies the subject matter relied upon by the examiner in accordance with AIA 35 U.S.C. 102(b)(2)(C) and the procedures in MPEP § 717.02(b),…
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