How are rejections under pre-AIA 35 U.S.C. 103(a) formulated?

Rejections under pre-AIA 35 U.S.C. 103(a) are formulated using form paragraph 7.21.fti. This paragraph provides the basic structure for stating the rejection:

Claim [1] is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over [2].

The examiner fills in the claim numbers being rejected in bracket [1] and the prior art reference(s) being relied upon in bracket [2]. The MPEP instructs: An explanation of the rejection must follow this form paragraph. See MPEP § 2144.

For rejections involving additional references, form paragraph 7.22.fti is used:

Claim [1] rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over [2] as applied to claim [3] above, and further in view of [4].

To learn more:

• pre-AIA 35 U.S.C. 103(a)
• patent rejections
• obviousness
• form paragraphs