What is the significance of the “catch-all” nature of the “otherwise available to the public” provision?
The “catch-all” nature of the “otherwise available to the public” provision in AIA 35 U.S.C. 102(a)(1) is significant because it broadens the scope of what can be considered prior art. As stated in MPEP 2152.02(e): “This ‘catch-all’ provision permits decision makers to focus on whether the disclosure was ‘available to the public,’ rather than on…
Read More