Can inoperative prior art be used in patent rejections?
Yes, inoperative prior art can be used in patent rejections. The MPEP 2121.01 clearly states: “Even if a reference discloses an inoperative device, it is prior art for all that it teaches.” This principle has several important implications: An inoperative device can still provide valuable teachings about its components or methods. The overall inoperability of…
Read MoreCan inoperative prior art be used in 35 U.S.C. 103 rejections?
Yes, inoperative prior art can be used in 35 U.S.C. 103 rejections for obviousness. The MPEP Section 2121.01 clearly states: “Even if a reference discloses an inoperative device, it is prior art for all that it teaches.” This principle is supported by case law, as the MPEP further explains: “Therefore, ‘a non-enabling reference may qualify…
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