How does pre-AIA 35 U.S.C. 103(c) affect anticipation rejections?

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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. Pre-AIA 35 U.S.C. 103(c) specifically applies to obviousness rejections and does not affect anticipation rejections. The MPEP clearly states: “Pre-AIA 35 U.S.C. 103(c) applies only to prior art usable in an obviousness rejection under 35 U.S.C. 103. Subject matter that qualifies as anticipatory prior art under pre-AIA 35 U.S.C. 102 is not affected, and may still be used to reject claims as being anticipated.” This means that even if prior art is disqualified under pre-AIA 35 U.S.C. 103(c) for obviousness rejections, it can still be used for anticipation rejections under pre-AIA 35 U.S.C. 102. It’s important for patent applicants and examiners to understand this distinction when considering the applicability of prior art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Pre-AIA 35 U.S.C. 103(c) Applies Only to Obviousness Rejection MPEP 2146.01 Anticipatory Prior Art Not Affected by Pre-AIA 103(c) MPEP 2146.01 Permitted Amendment to Pre-AIA 35 U.S.C. 103(c) Now Applies to Pending Applications MPEP 2146.01 Pre-AIA 35 U.S.C. 103(c) Cannot Overcome Double Patenting Rejection MPEP 2146.01 Prohibited Pre-AIA 103(c) Applies Only to Certain Prior Art MPEP 2146.01 CREATE Act Amended Pre-AIA 35 U.S.C. 103(c) MPEP 2146.01 Amendment to Pre-AIA 103(c)(1) Does Not Affect Patents Issued Before December 2004 MPEP 2146.01 Applicant Must Prove Prior Art Disqualification After Examiner's Prima Facie Case MPEP 2146.01 Same Owner Prior Art Disqualified Against Invention MPEP 2146.01 Reexamination Proceeding Conditions for Pre-AIA 35 U.S.C. 103(c) MPEP 2146.01 Required Other Related FAQs 5 FAQs Collapse What is the burden of establishing disqualification under pre-AIA 35 U.S.C. 103(c)...