706.02(h) Rejections Under Pre-AIA 35 U.S.C. 102(g) [R-08.2012]
[Editor Note: This MPEP section is not applicable to applications subject to examination under the first inventor to file provisions of the AIA except in limited circumstances as explained in 35 U.S.C. 100 (note) and MPEP § 2159.]
Pre-AIA 35 U.S.C. 102(g) bars the issuance of a patent where another made the invention in the United States before applicant and had not abandoned, suppressed, or concealed it. This section of pre-AIA 35 U.S.C. 102 forms a basis for interference practice. See MPEP Chapter 2300 for more information on interference procedure. See MPEP §§ 2138 - 2138.06 for more information on the requirements of pre-AIA 35 U.S.C. 102(g).