Ex parte Stalego

Matter canceled from the application file of a patent or application publication is not part of the reference and cannot be relied upon in a rejection based on the reference's filing date; canceled matter becomes prior art only when the file history becomes publicly available.

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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