How does AIA 35 U.S.C. 102(a)(1) treat non-claimed subject matter in a patent?
Under AIA 35 U.S.C. 102(a)(1), even subject matter described but not claimed in a patent can be considered prior art. The MPEP states: “Although an invention may be described in a patent and not claimed therein, the grant date would also be the applicable prior art date for purposes of relying on the subject matter…
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