901.01 Canceled Matter in U.S. Patent Files [R-07.2015]
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 pre-AIA 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 or prior public availability under pre-AIA 35 U.S.C. 102(a) or 35 U.S.C. 102(a)(1). See, e.g., In re Lund, 376 F.2d 982, 153 USPQ 625 (CCPA 1967). See also MPEP § 2127 and § 2136.02.