How can a provisional rejection under 35 U.S.C. 103(a) based on provisional prior art under pre-AIA 35 U.S.C. 102(e) be overcome?

There are several ways to overcome a provisional rejection under 35 U.S.C. 103(a) based on provisional prior art under pre-AIA 35 U.S.C. 102(e). The MPEP outlines the following methods: Arguing patentability over the earlier filed application Combining the subject matter of the copending applications into a single application Filing an affidavit or declaration under 37…

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How does the CREATE Act affect provisional rejections under pre-AIA 35 U.S.C. 103(a)?

The Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act) affects provisional rejections under pre-AIA 35 U.S.C. 103(a) by potentially disqualifying certain prior art references. The MPEP states: For applications filed on or after November 29, 1999 or pending on or after December 10, 2004, a provisional rejection under pre-AIA 35 U.S.C. 103(a) using…

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