¶ 15.19.05.aia    35 U.S.C. 102(a)(2)/103 rejection - design disclosed, no common inventors or common assignees

The claim is rejected under 35 U.S.C. 103  as being obvious over [1].

Because the reference names another inventor and has an earlier effective filing date, it constitutes prior art under 35 U.S.C. 102(a)(2).

Although the invention is not identically disclosed or described as set forth in 35 U.S.C. 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, the invention is not patentable.

[2]

This rejection under 35 U.S.C. 102(a)(2) /103  might be overcome by: (1) a showing under 37 CFR 1.130(a)  that the subject matter disclosed in the copending application was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) perfecting a claim to priority under 35 U.S.C. 119  that antedates the reference by filing a certified priority document in the application that satisfies the enablement and description requirements of 35 U.S.C. 112(a); (3) perfecting the benefit claim under 35 U.S.C. 120  by filing an application data sheet under 37 CFR 1.76  which contains a specific reference to a prior application in accordance with 37 CFR 1.78  and establishing that the prior application satisfies the enablement and description requirements of 35 U.S.C. 112(a)  or (4) a showing under 37 CFR 1.130(b)  of a prior public disclosure under 35 U.S.C. 102(b)(2)(B).

Examiner Note:

1. In bracket 1, insert document number that qualifies as prior art under 35 U.S.C. 102(a)(2).

2. In bracket 2, provide explanation of obviousness including differences.

3. For applications claiming priority to, or the benefit of, an application filed before March 16, 2013, this form paragraph must be preceded by form paragraphs 15.10.aia and 15.10.15.