How does pre-AIA 35 U.S.C. 102(f) apply when other statutory grounds for rejection are not available?
Pre-AIA 35 U.S.C. 102(f) can be a useful statutory ground for rejection even when other grounds, such as pre-AIA 35 U.S.C. 102(a) or (e), are not available. The MPEP explains: Pre-AIA 35 U.S.C. 102(f) does not require an inquiry into the relative dates of a reference and the application, and therefore may be applicable where…
Read More