Can canceled portions of a patent application be used as prior art under pre-AIA 35 U.S.C. 102(e)?
No, canceled portions of a patent application cannot be used as prior art under pre-AIA 35 U.S.C. 102(e). The MPEP clearly states: “Portions of the patent application which were canceled are not part of the patent or application publication and thus cannot be relied on in a pre-AIA 35 U.S.C. 102(e) rejection over the issued…
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