Ex parte Andresen

212 USPQ 100BPAI

AI-generated holding

Prior art under pre-AIA 35 U.S.C. 102(f) is available to support a rejection under 35 U.S.C. 103; derivation is not limited to public knowledge derived from another, and the site of derivation need not be in this country to bar the deriver from patenting.

Written by: A language model, from how the MPEP uses this case rather than from the opinion.
Confidence: high — self-reported, not calibrated against a measured error rate
Human review: Not reviewed by a person

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Cited by the manual

3 sections

§ 2004

Aids to Compliance With Duty of Disclosure

1 mention

→§ 2137

Pre-AIA 35 U.S.C. 102(f)

“derivation reaches non-public knowledge and need not occur in this country”

→§ 2141.01

Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103

1 mention

→