When does the 35 U.S.C. 102(b)(2)(C) exception not apply?
The 35 U.S.C. 102(b)(2)(C) exception does not apply in certain situations. According to the MPEP: The 35 U.S.C. 102(b)(2)(C) exception does not apply to a disclosure that qualifies as prior art under 35 U.S.C. 102(a)(1) (disclosures publicly made before the effective filing date of the claimed invention). Additionally, this exception: Is not effective to remove…
Read MoreHow does MPEP 715.02 address the issue of inherency in prior art rejections?
MPEP 715.02 addresses the issue of inherency in prior art rejections, particularly in relation to how much of the claimed invention must be shown. The section states: “To serve as an anticipation when the reference is silent about the asserted inherent characteristic, such gap in the reference may be filled with recourse to extrinsic evidence.…
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