How does a prior art reference’s content affect its use in rejections under 35 U.S.C. 102(a)(2)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Timeline for Prior Art References Under Pre-AIA 102(e) MPEP 2136 Pre-AIA 35 U.S.C. 102(e) Application Guidelines MPEP 2136 Required International Filing Date Not Prior Art MPEP 2136 Required Pre-AIA 35 U.S.C. 102(e)(2) Patent Date Is December 8, 2000 MPEP 2136 Pre-AIA 35 U.S.C. 102(e)(2) Patent Date Is June 21, 1999 MPEP 2136 Pre-AIA 35 U.S.C. 102(e)(2) Patent Date Is March 1, 2001 MPEP 2136 Reference Not Treated as U.S. Filing Date for International Applications Filed After Nov 29, 2000 MPEP 2136 Required Pre-AIA 35 U.S.C. 102(e) Publication Date for Patent MPEP 2136 No Pre-AIA 35 U.S.C. 102(e)(2) Date for Patent MPEP 2136 Reference May Be Applied As Of U.S. Filing Date MPEP 2136 Permitted Other Related FAQs 5 FAQs Collapse Can a prior art reference be used for both anticipation and obviousness rejections? What ...