Can canceled matter from a patent application be used in a 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e) rejection?
Canceled matter from a patent application cannot be used in a 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e) rejection. The MPEP clearly states: “Canceled matter in the application file of a U.S. patent or application publication cannot be relied upon in a rejection under 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e).” Ex Parte…
Read MoreWhat is the significance of canceled matter in U.S. patent files?
Canceled matter in U.S. patent files has specific implications for prior art considerations: Canceled matter in the application file of a U.S. patent or U.S. application publication is not considered a proper reference as of the filing date under 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e). However, canceled matter can be used as prior…
Read MoreHow can canceled matter from U.S. patent files be used as prior art?
While canceled matter is not a proper reference as of the filing date, it can still be used as prior art under certain conditions: According to MPEP 901.01: “Matter canceled from the application file wrapper of a U.S. patent or U.S. application publication may be used as prior art as of the patent or publication…
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