Can a terminal disclaimer be used to overcome a prior art rejection?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, a terminal disclaimer cannot be used to overcome a prior art rejection. Terminal disclaimers are specifically designed to address nonstatutory double patenting issues, not prior art rejections under 35 U.S.C. 102 or 103. MPEP 804.02 clearly states: “ It should be emphasized that a terminal disclaimer cannot be used to overcome a prior art rejection under 35 U.S.C. 102 or 103. “ To overcome a prior art rejection, an applicant must typically argue against the rejection, amend the claims, or submit evidence to show that the claimed invention is not anticipated or obvious in view of the prior art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Terminal Disclaimer Cannot Overcome Double Patenting MPEP 804 Prohibited Terminal Disclaimer Cannot Overcome Prior Art Rejections MPEP 804 Prohibited Nonstatutory Double Patenting When Invention Is Anticipated MPEP 804 Permitted Terminal Disclaimer Cannot Overcome Prior Art Rejections MPEP 804 Terminal Disclaimer Cannot Remove Prior Art Rejection MPEP 804 Terminal Disclaimer Cannot Overcome Art Rejections MPEP 804.02 Prohibited Terminal Disclaimers Must Be Filed to Overcome Nonstatutory Double Patenting Rejections MPEP 804.02 Terminal Disclaimer Cannot Be Withdrawn After Issuance MPEP 804.02 Prohibited Analysis for Nonstatutory Double Patenting Is Similar to but Not Identical to Section 103 MPEP 804 Nonstatutory double patenting is unlikely with the 1984 Act MPEP 804 Other Related FAQs 5 FAQs Collapse How can I avoid a statutory double patenting rejection? What is the significance of the &#8216;common ownership&#8217; requirement in terminal disclaimers? How does a continuing application affect double patenting considerat...