What are the different types of prior art rejections under 35 U.S.C. 102?
What are the different types of prior art rejections under 35 U.S.C. 102? Under 35 U.S.C. 102, there are several types of prior art rejections that patent examiners can use. According to MPEP 706.02, the main types are: 35 U.S.C. 102(a)(1) rejections: Based on public disclosures before the effective filing date 35 U.S.C. 102(a)(2) rejections:…
Read MoreHow does MPEP 715.02 address the issue of inherency in prior art rejections?
MPEP 715.02 addresses the issue of inherency in prior art rejections, particularly in relation to how much of the claimed invention must be shown. The section states: “To serve as an anticipation when the reference is silent about the asserted inherent characteristic, such gap in the reference may be filled with recourse to extrinsic evidence.…
Read MoreHow does MPEP 715.02 address the requirement for showing generic claims in prior art rejections?
MPEP 715.02 provides guidance on showing generic claims in prior art rejections. The section states: “The prior art reference must clearly and unequivocally disclose the claimed invention or direct those skilled in the art to the invention without any need for picking, choosing, and combining various disclosures not directly related to each other by the…
Read MoreHow does the AIA first inventor to file system affect prior art rejections?
How does the AIA first inventor to file system affect prior art rejections? The America Invents Act (AIA) introduced the first inventor to file system, which significantly impacts prior art rejections. According to MPEP 706.02: ‘AIA 35 U.S.C. 102(a)(1) and (a)(2) define the prior art that will preclude the grant of a patent on a…
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