What is the significance of the “by others” requirement in Pre-AIA 35 U.S.C. 102(a)?
The “by others” requirement in Pre-AIA 35 U.S.C. 102(a) is a crucial element in determining what qualifies as prior art. The MPEP explains: “The fact that the prior art is ‘by others’ is a necessary condition for rejections under pre-AIA 35 U.S.C. 102(a).” This means that for a reference to be used as prior art…
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