How is the statutory basis for pre-AIA 35 U.S.C. 103(a) rejections stated?
The statutory basis for pre-AIA 35 U.S.C. 103(a) rejections is stated using form paragraph 7.20.fti. This paragraph provides the full text of pre-AIA 35 U.S.C. 103(a) as follows:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The MPEP notes: The statute is not to be cited in all Office actions. It is only required in first actions on the merits employing pre-AIA 35 U.S.C. 103(a) and final rejections.
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