Can 37 CFR 1.131(c) be used to disqualify anticipatory prior art?
No, 37 CFR 1.131(c) cannot be used to disqualify anticipatory prior art. The MPEP clearly states: A U.S. patent or U.S. patent application publication that anticipates the claimed subject matter cannot be disqualified as prior art under pre-AIA 35 U.S.C. 103(c) or 37 CFR 1.131(c). This means that if a U.S. patent or U.S. patent…
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