What evidence is required to prove derivation under pre-AIA 35 U.S.C. 102(f)?

Proving derivation under pre-AIA 35 U.S.C. 102(f) requires specific evidence. The MPEP outlines the key requirements: Complete Conception: There must be evidence of complete conception by another person. The MPEP states: Derivation requires complete conception by another and communication of that conception by any means to the party charged with derivation prior to any date…

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How should patent examiners communicate rejections not based on prior art?

According to MPEP 706.03, patent examiners should communicate rejections not based on prior art in a clear and thorough manner. The MPEP states: “Deficiencies should be explained clearly, particularly when they serve as a basis for a rejection. Whenever practicable, USPTO personnel should indicate how rejections may be overcome and how problems may be resolved.”…

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