How does the concept of analogous arts apply to anticipation under 35 U.S.C. 102?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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. The concept of analogous arts also has relevance in the context of anticipation under 35 U.S.C. 102. The MPEP provides a reference for this application: See MPEP § 2131.05 for a discussion of analogous and nonanalogous art in the context of 35 U.S.C. 102. ( MPEP 904.01(c) ) In the context of anticipation, the relevance of analogous arts is less stringent than in obviousness determinations. A reference in an analogous art can be used to reject a claim under 35 U.S.C. 102 if it discloses all the elements of the claimed invention, regardless of whether it is from the same field of endeavor as the claimed invention or reasonably pertinent to the problem faced by the inventor. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Nonanalogous Prior Art Not Relevant to Anticipation MPEP 2131.05 Nonanalogous Prior Art Can Still Anticipate MPEP 2131.05 Document Used in Claim Rejection Is Called a Reference MPEP 904 Nonanalogous Prior Art Does Not Invalidate Section 102 Rejection MPEP 2131.05 All Analogous Arts Must Be Searched Regardless of Classification MPEP 904.01(c) Required Examiner Must Consider Prior Art from Parent Application MPEP 904 Required Review of Cited Prior Art from Parent Application Required MPEP 904 Recommended Examiner Must Identify All Prior Art Sources MPEP 904 Required Nonanalogous Reference Can Still Anticipate MPEP 2131.05 Relevant Time for Pre-AIA 35 U.S.C. 102 MPEP 2141.01(a) Other Related FAQs 5 FAQs Collapse How does the concept of analogous arts relate to obviousness in patent law? What are analogous arts in patent examination? How is the determination of analogous arts made in patent examination? Can you provide examples of analogous arts in pa...