How does MPEP 715.02 address the requirement for showing generic claims in prior art rejections?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. MPEP 715.02 provides guidance on showing generic claims in prior art rejections. The section states: “The prior art reference must clearly and unequivocally disclose the claimed invention or direct those skilled in the art to the invention without any need for picking, choosing, and combining various disclosures not directly related to each other by the teachings of the cited reference.” This means that for generic claims, the prior art must explicitly disclose the claimed invention without requiring the examiner to piece together unrelated parts of the reference. The MPEP 715.02 further explains that the disclosure should be as complete as the claim to effectively anticipate it. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Pre-AIA Prior Art Disclosure MPEP 715.02 Affidavit Requirement for Claimed Invention Possession MPEP 715.02 Required Requirement for Showing Invention Before Reference Date MPEP 715.02 Required Requirement for Pre-AIA Claims in Applications and Patents MPEP 715 Requirement for Antedating Pre-AIA Prior Art MPEP 715 Permitted Date to Overcome Prior Art Is Effective Date MPEP 715 Requirement for Prior Reduction to Practice MPEP 715 Patent Application Publications as Prior Art MPEP 715 Permitted Requirement for Reduction to Practice After Reference Date MPEP 715 Affidavit Not Allowed for Same Invention with Double Patenting MPEP 715 Prohibited Other Related FAQs 5 FAQs Collapse How does MPEP 715.02 address the issue of inherency in prior art rejections? What must be shown in a 37 CFR 1.131(a) affidavit or declaration? Can a 37 CFR 1.131(a) affidavit be sufficient if it doesn&#8217;t show the identical disclosure of the referenc...