What is the purpose of pre-AIA 35 U.S.C. 103(c)?

Pre-AIA 35 U.S.C. 103(c) is designed to disqualify certain prior art for obviousness considerations under specific conditions. As stated in the MPEP, It is important to recognize that pre-AIA 35 U.S.C. 103(c) applies only to consideration of prior art for purposes of obviousness under 35 U.S.C. 103. It does not apply to or affect subject matter which is applied in a rejection under 35 U.S.C. 102 or a double patenting rejection. This provision helps to protect inventions that may have been developed within the same organization or under joint research agreements.

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Topics: MPEP 2100 - Patentability, MPEP 2146 - Pre - Aia 35 U.S.C. 103(C), Patent Law, Patent Procedure
Tags: Disqualification, Obviousness, pre-aia 35 u.s.c. 103(c)