What is pre-AIA 35 U.S.C. 103(b) and when does it apply?
Pre-AIA 35 U.S.C. 103(b) is a provision applicable to biotechnological processes. It precludes a rejection of process claims which involve the use or making of certain nonobvious biotechnological compositions of matter under pre-AIA 35 U.S.C. 103(a). This provision is only applicable to applications subject to pre-AIA 35 U.S.C. 102.
As stated in the MPEP: Only applications subject to pre-AIA 35 U.S.C. 102 are subject to pre-AIA 35 U.S.C. 103(b).
It’s important to note that this section is not applicable to applications subject to examination under the first inventor to file provisions of the AIA.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2147 - Biotechnology Process Applications; Pre - Aia 35 U.S.C. 103(B),
Patent Law,
Patent Procedure