Can these methods also be used to overcome a 35 U.S.C. 103 rejection?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. Yes, the methods used to overcome a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection can also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art. MPEP 2152.06 explicitly states: “ Note that all of the ways of overcoming a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection mentioned in this subsection may also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art. “ This means that benefit claims, priority claims, affidavits or declarations under 37 CFR 1.130, and establishing common ownership or a Joint Research Agreement can all be used to address both 102 and 103 rejections based on the same prior art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Ways to Overcome 102 Rejections Also Apply to 103 MPEP 2152.06 Permitted U.S. Patent Documents Only for Prior Art Rejection Under AIA 102(a)(2) MPEP 2152 Permitted Prior Art Rejection Overcome by Various Means MPEP 2152.06 Permitted Categories of Prior Art Documents and Activities MPEP 2152 Evidence of Public Use for Prior Art Rejection MPEP 2152 Permitted Prior Art Categories for Rejection Under AIA 102(a)(1) MPEP 2152 Permitted Exceptions to Prior Art for Inventor Disclosures MPEP 2152 Prohibited Requirement for Prior Art Documents Under AIA 102(a) MPEP 2152 Printed Publication Can Prove Public Use MPEP 2152 Permitted Documents and Activities for Novelty and Nonobviousness Determination MPEP 2152 Other Related FAQs 5 FAQs Collapse What is an affidavit or declaration under 37 CFR 1.130 and how can it overcome a 35 U.S.C. 102 rejection? How can I use a benefit claim to overcome a 35 U.S.C. 102 rejection? How can common owne...