What is the difference between using prior art for 35 U.S.C. 102 and 35 U.S.C. 103 rejections?
The use of prior art differs for 35 U.S.C. 102 (anticipation) and 35 U.S.C. 103 (obviousness) rejections. For 35 U.S.C. 102 rejections, the MPEP Section 2121.01 indicates that the reference must contain an enabling disclosure: “The disclosure in an assertedly anticipating reference must provide an enabling disclosure of the desired subject matter; mere naming or…
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