What is the significance of the “by others” requirement in Pre-AIA 35 U.S.C. 102(a)?
The “by others” requirement in Pre-AIA 35 U.S.C. 102(a) is a crucial element in determining what qualifies as prior art. The MPEP explains: “The fact that the prior art is ‘by others’ is a necessary condition for rejections under pre-AIA 35 U.S.C. 102(a).” This means that for a reference to be used as prior art…
Read MoreWhat is the key difference between pre-AIA 35 U.S.C. 102(a) and AIA 35 U.S.C. 102(a)(1)?
The key difference between pre-AIA 35 U.S.C. 102(a) and AIA 35 U.S.C. 102(a)(1) is the requirement of prior art being “by others.” As stated in the MPEP: “A key difference between pre-AIA 35 U.S.C. 102(a) and AIA 35 U.S.C. 102(a)(1) is the requirement in pre-AIA 35 U.S.C. 102(a) that the prior art relied on was…
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