What is the general rule for antedating references for generic claims?
The general rule for antedating references for generic claims is that showing completion of a single species within the genus is usually sufficient. According to MPEP 715.02: A reference or activity applied against generic claims may (in most cases) be antedated as to such claims by an affidavit or declaration under 37 CFR 1.131(a) showing…
Read MoreHow does MPEP 715.02 address the requirement for showing generic claims in prior art rejections?
MPEP 715.02 provides guidance on showing generic claims in prior art rejections. The section states: “The prior art reference must clearly and unequivocally disclose the claimed invention or direct those skilled in the art to the invention without any need for picking, choosing, and combining various disclosures not directly related to each other by the…
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