2134 Pre-AIA 35 U.S.C. 102(c) [R-11.2013]

Pre-AIA 35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent.

A person shall be entitled to a patent unless -

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• • (c) he has abandoned the invention.

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I. UNDER 35 U.S.C. 102(c), AN ABANDONMENT MUST BE INTENTIONAL

II. DELAY IN MAKING FIRST APPLICATION

III. DELAY IN REAPPLYING FOR PATENT AFTER ABANDONMENT OF PREVIOUS PATENT APPLICATION

IV. DISCLOSURE WITHOUT CLAIMING IN A PRIOR ISSUED PATENT

V. ONLY WHEN THERE IS A PRIORITY CONTEST CAN A LAPSE OF TIME BAR A PATENT

See Panduit Corp. v. Dennison Mfg. Co., 774 F.2d 1082, 1094 (Fed. Cir. 1985) (holding that courts should avoid a “superficial review” of prior art references and instead should “consider references in their entireties, i.e., including those portions that would argue against obviousness.”)