What is the “Bayer” rule for determining public accessibility of printed publications?

The “Bayer” rule, established in In re Bayer, 568 F.2d 1357, 196 USPQ 670 (CCPA 1978), is a guideline for determining public accessibility of printed publications. According to MPEP 2128: “A reference will be considered publicly accessible if it was disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in…

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