How does 37 CFR 1.130 relate to the America Invents Act (AIA)?
37 CFR 1.130 is directly related to the America Invents Act (AIA) and is only applicable to patent applications subject to the first inventor to file (FITF) provisions of the AIA. It provides a mechanism for applicants to overcome prior art rejections under the new AIA provisions.
Specifically, 37 CFR 1.130 allows applicants to establish that a disclosure is not prior art under AIA 35 U.S.C. 102(a) due to an exception in AIA 35 U.S.C. 102(b). This is important because the AIA changed the definition of prior art and introduced new exceptions.
As stated in the MPEP: [This MPEP section] is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131 – MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.
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