¶ 7.15.03.aia Rejection, 35 U.S.C. 102(a)(2), No Common Assignee or Inventor(s)
Claim(s) [1] is/are rejected under 35 U.S.C. 102(a)(2) as being [2] by [3].
Examiner Note:
1. This form paragraph should only be used in an application filed on or after March 16, 2013, where the claims are being examined under 35 U.S.C. 102 /103 as amended by the Leahy-Smith America Invents Act. This form paragraph must be preceded by form paragraph 7.03.aia.
2. This form paragraph is used to reject a claim over a U.S. patent, U.S. patent application publication or WIPO patent application publication with an earlier effective filing date. The reference is not required to have a common assignee or inventor.
3. 35 U.S.C. 102(a)(2) may be applied if the reference is one of the following:
a. a U.S. patent granted under 35 U.S.C. 151 that has an effective filing date earlier than the application;
b. a U.S. Patent Application Publication published under 35 U.S.C. 122(b) that has an effective filing date earlier than the application; or
c. a WIPO publication of an international application where the WIPO publication has an effective filing date earlier than the application.
If any of the three types of prior art documents under 35 U.S.C. 102(a)(2) was published before the effective filing date of the application under examination, then the prior art document is also applicable under 35 U.S.C. 102(a)(1).
4. In bracket 1, insert the claim numbers which are under rejection.
5. In bracket 2, insert either --clearly anticipated-- or --anticipated-- with an explanation at the end of the paragraph.
6. In bracket 3, insert the prior art relied upon.
7. This form paragraph must be preceded by form paragraph 7.12.aia.