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.

Generated summary for orientation only — not legal advice. Verify against the opinion.

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

→