What is the significance of redacted application publications in pre-AIA 35 U.S.C. 102(e) rejections?
Redacted application publications can play a role in pre-AIA 35 U.S.C. 102(e) rejections. The MPEP clarifies: In addition, a provisional rejection under pre-AIA 35 U.S.C. 102(e) may be made if the earlier filed, pending application has been published as redacted (37 CFR 1.217) and the subject matter relied upon in the rejection is not supported in the redacted publication of the patent application.
This means that examiners can use subject matter from an earlier filed application that was not included in its redacted publication as the basis for a provisional rejection, provided other conditions are met.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2136.01 - Status Of Unpublished Or Published As Redacted U.S. Application As A Reference Under Pre - Aia 35 U.S.C. 102(E),
Patent Law,
Patent Procedure