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Obviousness
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   102(a)
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   Author  Topic: 102(a)  (Read 1840 times)
Isaac
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Posts: 3472
Re: 102(a)
« Reply #5 on: Mar 16th, 2006, 7:05am »
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One thing about 102(a) and by others is that inventorship is claim by claim.   Jim's comment about inventorship of a publication is also germane.
 
The real question is whether the work described in the publication is the work of the inventor who also invented the subject matter in the claim.  If so, then that described work cannot be applied against that claim.  The authorship of the publication does not decide the issue.  For example, if I interview you and write an article describing your work, and you file in time to prevent my article from being a 102(b), then you should be able to overcome a 102(a) rejection based on my article.
 
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Isaac
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