How can a provisional rejection under 35 U.S.C. 103(a) based on provisional prior art under pre-AIA 35 U.S.C. 102(e) be overcome?
There are several ways to overcome a provisional rejection under 35 U.S.C. 103(a) based on provisional prior art under pre-AIA 35 U.S.C. 102(e). The MPEP outlines the following methods:
- Arguing patentability over the earlier filed application
- Combining the subject matter of the copending applications into a single application
- Filing an affidavit or declaration under 37 CFR 1.132
- Filing an affidavit or declaration under 37 CFR 1.131(a)
- Showing common ownership or joint research agreement
For applications pending on or after December 10, 2004, the MPEP states:
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2146.03 - Examination Procedure With Respect To Pre - Aia 35 U.S.C. 103(C),
Patent Law,
Patent Procedure