MPEP 706.02(b)
Overcoming a

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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706.02(b)    Overcoming a 35 U.S.C. 102 Rejection Based on a Printed Publication or Patent [R-11.2013]

In all applications, an applicant may overcome a 35 U.S.C. 102 rejection by persuasively arguing that the claims are patentably distinguishable from the prior art, or by amending the claims to patentably distinguish over the prior art. Additional ways available to overcome a rejection based on 35 U.S.C. 102 prior art depend on whether or not any claim in the application being examined is subject to the first inventor to file provisions of the AIA.

See MPEP § 706.02(b)(1) for overcoming a rejection under 35 U.S.C. 102(a)(1) or (a)(2). See MPEP § 706.02(b)(2) for overcoming a prior art rejection under pre-AIA 35 U.S.C. 102.