When can multiple references be used in a 35 U.S.C. 102 rejection?
While normally only one reference should be used in a 35 U.S.C. 102 rejection, multiple references can be used in specific circumstances. According to MPEP 2131.01, multiple references are proper when the extra references are cited to: (A) Prove the primary reference contains an “enabled disclosure;” (B) Explain the meaning of a term used in…
Read MoreWhat is an “enabled disclosure” in the context of 35 U.S.C. 102 rejections?
An “enabled disclosure” in the context of 35 U.S.C. 102 rejections refers to a prior art reference that not only discloses the claimed invention but also provides sufficient information to enable a person skilled in the art to make and use the invention without undue experimentation. According to MPEP 2131.01, when a primary reference identically…
Read MoreCan a dependent claim refer to more than one preceding claim in a patent application?
Can a dependent claim refer to more than one preceding claim in a patent application? Yes, a dependent claim can refer to more than one preceding claim in a patent application, but there are specific rules governing such references. According to MPEP 608.01(n): ‘A claim which depends from a dependent claim should not be separated…
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