Responding To Novelty Rejections After Recent PTAB Ruling

By Martin Miller (July 8, 2021, 4:07 PM EDT) -- An anticipation rejection of a patent claim is a rejection under Title 35 of the U.S. Code, Section 102, in which a single prior art document[1] is alleged by the U.S. Patent and Trademark Office to disclose all the elements and limitations of the claim. In such cases, the single prior art document is said to anticipate the claim.

In contrast, an obviousness rejection under Section 103 may use multiple prior art documents to disclose all the elements and limitations of a claim.

A Patent Trial and Appeal Board decision from June 3, Ex Parte Littlejohn,[2] reiterates how strict the requirements...

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