How does a prior art reference’s content affect its use in rejections under 35 U.S.C. 102(a)(2)?
How does a prior art reference’s content affect its use in rejections under 35 U.S.C. 102(a)(2)?
The content of a prior art reference can significantly impact its use in rejections under 35 U.S.C. 102(a)(2). According to MPEP 2136.02:
“Subject matter that is prior art under 35 U.S.C. 102(a)(2) based on an earlier effective filing date than the application under examination is available as prior art to the fullest extent of its contents for all that it would have reasonably conveyed to a person of ordinary skill in the art.”
This means that the entire content of the prior art reference can be used against the claims, not just the portions that are explicitly described. Examiners can consider both explicit teachings and implicit disclosures that would be understood by a person of ordinary skill in the art.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2136.02 - Content Of The Prior Art Available Against The Claims,
Patent Law,
Patent Procedure