How does MPEP 2123 address the use of broad disclosures in prior art?

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.

MPEP 2123 provides guidance on using broad disclosures in prior art for patent rejections. It emphasizes that a reference’s entire disclosure should be considered, not just its preferred embodiments:

“A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments.”

This means that even if a prior art reference broadly discloses a concept without specifically focusing on it, that disclosure can still be used in a rejection. The MPEP further clarifies:

“Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments.”

This guidance encourages patent examiners to consider the full scope of a prior art reference, including its broad disclosures, when evaluating patentability. It prevents applicants from avoiding prior art by arguing that a reference’s preferred embodiments don’t match their claims exactly.