Can disclosure without claiming in a prior issued patent lead to abandonment under pre-AIA 35 U.S.C. 102(c)?
Disclosure without claiming in a prior issued patent does not automatically lead to abandonment under pre-AIA 35 U.S.C. 102(c). According to MPEP 2134: “Any inference of abandonment (i.e., intent to dedicate to the public) of subject matter disclosed but not claimed in a previously issued patent is rebuttable by an application filed at any time…
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