Can canceled portions of a patent application be used as prior art under pre-AIA 35 U.S.C. 102(e)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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, canceled portions of a patent application cannot be used as prior art under pre-AIA 35 U.S.C. 102(e). The MPEP clearly states: “Portions of the patent application which were canceled are not part of the patent or application publication and thus cannot be relied on in a pre-AIA 35 U.S.C. 102(e) rejection over the issued patent or application publication.” This means that only the content present in the final, published version of the patent or application can be used as prior art. Any material that was removed or canceled during the application process is not available for use in a 102(e) rejection. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Canceled Portions Not Used In Pre-AIA 102(e) Rejection MPEP 2136.02 Prohibited Canceled Example Cannot Be Used as Prior Art MPEP 2136.02 Canceled Matter Cannot Be Used as Prior Art Under AIA 102(a)(2) MPEP 2127 Prohibited Example Not Carried to CIP Cannot Be Used as Prior Art MPEP 2136.02 Disclosed but Unpublished Parent Application Cannot Be Used as Prior Art MPEP 2136.02 Prohibited Disclosure Must Be Present In Patent Publication MPEP 2136.02 Required Requirement for Pre-AIA 35 U.S.C. 102(e) Rejection MPEP 2132.01 Recommended Patent Claims Must Be Supported by Provisional Application MPEP 2136.02 Required Entire U.S. Patent Can Be Cited Against Claims MPEP 2136.02 Subject Matter Disclosed Only In Parent Not Allowed in CIP Rejection MPEP 2136.02 Prohibited Other Related FAQs 5 FAQs Collapse How does the effective filing date affect prior art under pre-AIA 35 U.S.C. 102(e)? Can subject matter from a parent application be used as prior art against a continuation-in-part (CIP) under pre-AIA 35 U.S.C. 102(e)? Can pre-A...