Can a partial disclosure be disqualified under 37 CFR 1.130(b)?
Yes, it is possible to disqualify only a portion of an intervening disclosure under 37 CFR 1.130(b). The MPEP provides clear guidance on this matter: Only the portion of the third party’s intervening disclosure that was previously in an inventor-originated disclosure (i.e., the same subject matter) is excepted as prior art under 35 U.S.C. 102(a).…
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