What is the impact of AIA 35 U.S.C. 103 on the scope of prior art?
AIA 35 U.S.C. 103 has significantly expanded the scope of prior art that can be used in obviousness rejections. The MPEP 2158 explains: “AIA 35 U.S.C. 103 differs from pre-AIA 35 U.S.C. 103(a) in that AIA 35 U.S.C. 103 determines obviousness as of the effective filing date of the claimed invention, rather than as of…
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