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2127

2127 Domestic and Foreign Patent Applications as Prior Art [R-6]

I.    ABANDONED APPLICATIONS, INCLU-DING PROVISIONAL APPLICATIONS

Abandoned Applications Disclosed to the Public Can Be Used as Prior Art

II.    APPLICATIONS WHICH HAVE ISSUED AS PATENTS

A 35 U.S.C. 102(e) Rejection Cannot Rely on Matter Which Was Canceled from the Application and Thus Did Not Get Published in the Issued Patent

A 102(b) Rejection Over a Published Application May Rely on Information that Was Canceled Prior to Publication

Our reviewing court has explained that a reference is “‘publicly accessible”’ upon a satisfactory showing that:

(1) the “document has been disseminated”; or

(2) “otherwise made available to the extent that persons interested and ordinarily skilled in the subject matter or art exercising reasonable diligence, can locate it and recognize and comprehend therefrom the essentials of the claimed invention without need of further research or experimentation.”
Bruckelmyer v. Ground Heaters, Inc., 445 F.3d 1374, 1378 (Fed. Cir. 2006) (quoting In re Wyer, 655 F.2d 221, 226 (CCPA 1981)).

III.    FOREIGN APPLICATIONS OPEN FOR PUBLIC INSPECTION (LAID OPEN APPLICATIONS)

Laid Open Applications May Constitute "Published" Documents

IV.    PENDING U.S. APPLICATIONS

 

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