Can a portion of an intervening disclosure be excepted as prior art?
Yes, only a portion of an intervening disclosure can be excepted as prior art. The MPEP states: “Only the portion of the third party’s intervening disclosure that was previously in an inventor-originated disclosure (i.e., the same subject matter) is excepted as prior art under 35 U.S.C. 102(a).” This means that any part of the third…
Read More