¶ 7.21.aia Rejection, 35 U.S.C. 103
Claim [1] is/are rejected under 35 U.S.C. 103 as being unpatentable over [2].
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 must be preceded by either form paragraph 7.20.aia or form paragraph 7.103.
3. An explanation of the rejection must follow this form paragraph. See MPEP § 2144.
4. If this rejection is a provisional 35 U.S.C. 103 rejection based upon a copending application that would constitute prior art under 35 U.S.C. 102(a)(2) if patented or published, use form paragraph 7.21.01.aia instead of this paragraph.
5. In bracket 1, insert the claim numbers which are under rejection.
6. In bracket 2, insert the prior art relied upon.
7. For applications claiming priority to, or the benefit of, an application filed before March 16, 2013, this form paragraph must be preceded by form paragraph 7.06.