Can a prior art reference be used for both anticipation and obviousness rejections?
Can a prior art reference be used for both anticipation and obviousness rejections? Yes, a single prior art reference can be used for both anticipation (35 U.S.C. 102) and obviousness (35 U.S.C. 103) rejections. The MPEP 2136.02 states: “A rejection under 35 U.S.C. 102 and 103 can be made when the prior art product seems…
Read MoreAre all abandoned applications available as prior art references?
Not all abandoned applications are available as prior art references. The MPEP 901.02 provides important distinctions: “Abandoned applications (except those which have been destroyed) are, of course, available to the public for inspection and copying.” However, it’s crucial to note that some abandoned applications may have been destroyed, particularly older ones. Additionally, applications that were…
Read MoreWhat is the significance of avoiding ‘undue multiplication of references’ in patent examination?
The concept of avoiding ‘undue multiplication of references’ in patent examination is mentioned in MPEP 707.07(g). The MPEP states: “The examiner ordinarily should reject each claim on all valid grounds available, avoiding, however, undue multiplication of references.” This guideline is significant because it aims to balance thoroughness with efficiency in patent examination. It means that…
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