MPEP Section 901.01, Canceled Matter in U.S. Patent Files

Executive summary:

This document contains Section 901.01 ("Canceled Matter in U.S. Patent Files") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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901.01 Canceled Matter in U.S. Patent Files [R-3]

Canceled matter in the application file of a U.S. patent >or U.S. application publication< is not a proper reference as of the filing date under 35 U.S.C. 102(e). See Ex parte Stalego, 154 USPQ 52, 53 (Bd. App. 1966). However, matter canceled from the application file wrapper of a U.S. patent >or U.S. application publication< may be used as prior art as of the patent *>or publication date, respectively,< in that it then constitutes prior public knowledge under 35  U.S.C. 102(a). In re Lund, 376 F.2d 982, 153 USPQ 625 (CCPA 1967). See also MPEP § 2127 and § 2136.02.