How does the MPEP address utility disclosure in anticipatory references?
The MPEP 2122 explicitly addresses utility disclosure in anticipatory references, stating: “UTILITY NEED NOT BE DISCLOSED IN REFERENCE” This heading is followed by an explanation that a reference can be anticipatory without disclosing utility. The MPEP further clarifies: “[N]o utility need be disclosed for a reference to be anticipatory of a claim to an old…
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