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2151-Overview of the Changes to 35 U.S.C. 102 and 103 in ...

    https://www.uspto.gov/web/offices/pac/mpep/s2151.html
    This provision replaces the exception in pre-AIA 35 U.S.C. 103(c) that applied only in the context of an obviousness analysis under 35 U.S.C. 103 to prior art that was commonly owned at the time the claimed invention was made, and which qualified as prior art only under pre-AIA 35 U.S.C. 102(e), , and/or .

Section 102 Prior Art and Section 103 Obviousness ...

    http://media.straffordpub.com/products/section-102-prior-art-and-section-103-obviousness-leveraging-ccpa-and-early-federal-circuit-decisions-2017-12-07/presentation.pdf
    Dec 07, 2017 · Section 102 Prior Art and Section 103 Obviousness: ... AIA §102 and Pre-AIA §102(g)/§135/§291 apply to patents and applications containing at least one claim with an EFD before March 16, 2013, and at least one claim with an EFD after March ... art would not appreciate or recognize the inherent result."

Prior Art Must Enable a Skilled Artisan to Make the ...

    https://patentlyo.com/patent/2008/10/prior-art-must.html
    In the mechanical arts and electrical arts, I would expect an examiner having trouble making a 102 rejection because of enablement issues similar to the one in Imax v Aventis to be readily able to make a 103 rejection using the same reference. Note that the prior art disclaimed riluzole as already known, but did not teach away from using it.

35 U.S. Code § 102 - Conditions for patentability; novelty ...

    https://www.law.cornell.edu/uscode/text/35/102
    For purposes of evaluating an invention under section 102 or 103 of title 35, United States Code, any strategy for reducing, avoiding, or deferring tax liability, whether known or unknown at the time of the invention or application for patent, shall be deemed insufficient to differentiate a claimed invention from the prior art.

2141-Examination Guidelines for Determining Obviousness ...

    https://www.uspto.gov/web/offices/pac/mpep/s2141.html
    2141.01(a) Analogous and Nonanalogous Art [R-10.2019] [Editor Note: This MPEP section is applicable to applications subject to the first inventor to file (FITF) provisions of the AIA except that the relevant date is the "effective filing date" of the claimed invention instead of the "time of the invention," which is only applicable to applications subject to pre-AIA 35 U.S.C. 102.

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