What is prima facie evidence of “by another” in pre-AIA 35 U.S.C. 102(e) rejections?
A different inventive entity is considered prima facie evidence that a reference is “by another” for pre-AIA 35 U.S.C. 102(e) rejections. The MPEP states in MPEP 2136.04: “Therefore, a U.S. patent, a U.S. patent application publication or international application publication, by a different inventive entity, whether or not the application shares some inventors in common…
Read MoreWhat is the significance of ‘different inventive entity’ in MPEP 715.01(a)?
The concept of ‘different inventive entity’ is crucial in MPEP 715.01(a). It refers to situations where a reference (such as a patent or published application) names inventors that are not identical to those in the application being examined. The MPEP states: ‘Where the reference is a U.S. patent or application publication of a pending or…
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