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How does pre-AIA 35 U.S.C. 102(g) interact with pre-AIA 35 U.S.C. 103?

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

Pre-AIA 35 U.S.C. 102(g) can interact with pre-AIA 35 U.S.C. 103 in patent examinations. The MPEP states: In addition, subject matter qualifying as prior art only under pre-AIA 35 U.S.C. 102(g) may also be the basis for an ex parte rejection under pre-AIA 35 U.S.C. 103. This means that an invention that qualifies as prior…

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How does pre-AIA 35 U.S.C. 102(f) interact with pre-AIA 35 U.S.C. 103?

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

Pre-AIA 35 U.S.C. 102(f) can interact with pre-AIA 35 U.S.C. 103 in certain situations. The MPEP explains that subject matter qualifying as prior art only under pre-AIA 35 U.S.C. 102(f) can be used as a basis for an ex parte rejection under pre-AIA 35 U.S.C. 103. However, there’s an important exception to this rule. The…

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