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What is the significance of “teaching away” in MPEP 2122?

By russ.krajec@blueironip.com | September 30, 2024

The concept of “teaching away” is significant in MPEP 2122 because it clarifies what does and does not constitute a teaching away in prior art references. The section states: “The prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not…

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How does MPEP 2122 address the relevance of utility in prior art references?

By russ.krajec@blueironip.com | September 30, 2024

MPEP 2122 addresses the relevance of utility in prior art references by emphasizing that the utility of a disclosed invention is not a determining factor in its validity as prior art. The section states: “The prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives…

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Can a reference with no stated utility still be used as prior art?

By russ.krajec@blueironip.com | September 30, 2024

Yes, a reference with no stated utility can still be used as prior art. According to MPEP 2122: “In evaluating the utility of the disclosed subject matter of a reference, it is not necessary that the reference disclose the utility.” This means that even if a prior art reference doesn’t explicitly mention the usefulness or…

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How does the MPEP define “utility” in the context of prior art?

By russ.krajec@blueironip.com | September 30, 2024

The Manual of Patent Examining Procedure (MPEP) 2122 defines utility in the context of prior art as follows: “Utility need not be disclosed in a reference to be properly applied as prior art under 35 U.S.C. 102 and 103.” This means that for a prior art reference to be valid, it doesn’t necessarily need to…

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