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Author Topic: 102 a and e question  (Read 1179 times)

huskerdooo

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102 a and e question
« on: 01-23-08 at 12:42 pm »
Can you have a 102 a rejection without a 102 e rejection when the prior art reference is a regular US patent?

I can't seem think of a fact pattern for this.  any ideas?

thanks
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Isaac

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Re: 102 a and e question
« Reply #1 on: 01-23-08 at 01:08 pm »
If a 102(a) rejection with a US patent is appropriate, a 102(e) rejection is also available.  Sometimes an examiner will identify such a patent under 102(a) rather than 102(e) to make clear that 103(c) cannot be used to disqualify the patent in any 103(a) rejections in the same office action.
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Isaac

BotchedExperiment

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Re: 102 a and e question
« Reply #2 on: 01-23-08 at 01:09 pm »
For a US Utility APPLICATION, I don't see any difference between a 102(a) and 102(e)(1).

For an ISSUED US patent, 102(a) and 102(e)(2) seem to go together.
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Repeating experiments since 1998.

huskerdooo

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Re: 102 a and e question
« Reply #3 on: 01-24-08 at 09:13 am »
Thanks guys.  I needed a sanity check.
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