How do examiners handle applications where common ownership or a joint research agreement has not been established?

According to MPEP 717.02(c), when examining applications where common ownership or a joint research agreement has not been established, examiners will:

1. Assume the subject matter disclosed in the reference is not excepted under 35 U.S.C. 102(b)(2)(C)
2. Examine the application on all grounds other than the possible exception
3. Consider the applicability of references under 35 U.S.C. 102(a)(2) or 103
4. Apply the best references against the claimed invention

The MPEP states: When applying any disclosures that only qualify as prior art under 35 U.S.C. 102(a)(2) in a prior art rejection against the claims, the examiner should anticipate that the subject matter disclosed in the reference may be excepted under 35 U.S.C. 102(b)(2)(C) and consider whether other rejections based on alternative prior art should be made in case the subject matter is excepted as prior art.

To learn more:

• patent examination
• common ownership
• joint research agreement
• prior art rejection