MPEP 2123: Difference between revisions
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<noinclude>__TOC__</noinclude> | <noinclude>__TOC__</noinclude> | ||
I.PATENTS ARE RELEVANT AS PRIOR | ======I. PATENTS ARE RELEVANT AS PRIOR ART FOR ALL THEY CONTAIN====== | ||
ART FOR ALL THEY CONTAIN | |||
The use of patents as references is not limited to | |||
what the patentees describe as their own inventions or | what the patentees describe as their own inventions or | ||
to the problems with which they are concerned. They | to the problems with which they are concerned. They | ||
are part of the literature of the art, relevant for all they | are part of the literature of the art, relevant for all they | ||
contain | contain. | ||
A reference may be relied upon for all that it would | A reference may be relied upon for all that it would | ||
have reasonably suggested to one having ordinary | have reasonably suggested to one having ordinary | ||
skill the art, including nonpreferred embodiments. | skill the art, including nonpreferred embodiments. | ||
See also [[MPEP_2131#2131.05_Nonanalogous_or_Disparaging_Prior_Art|MPEP § 2131.05]] and [[MPEP_2145#X._ARGUING_IMPROPER_RATIONALES_FOR_COMBINING_REFERENCES|§ 2145, subsection | |||
See also MPEP § 2131.05 and § 2145, subsection | X.D.]], which discuss prior art that teaches away from | ||
X.D., which discuss prior art that teaches away from | |||
the claimed invention in the context of anticipation | the claimed invention in the context of anticipation | ||
and obviousness, respectively. | and obviousness, respectively. | ||
II.NONPREFERRED AND ALTERNATIVE | ======II. NONPREFERRED AND ALTERNATIVE EMBODIMENTS CONSTITUTE PRIOR ART====== | ||
EMBODIMENTS CONSTITUTE PRIOR | |||
ART | |||
Disclosed examples and preferred embodiments do | Disclosed examples and preferred embodiments do | ||
not constitute a teaching away from a broader disclosure | not constitute a teaching away from a broader disclosure | ||
or nonpreferred embodiments. | or nonpreferred embodiments. A known or obvious composition does not become patentable simply because it has been described as somewhat inferior to some other product for the same use. | ||
Furthermore, a prior art's mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed. | |||
known or obvious composition does not become patentable | <noinclude>{{MPEP Section|2122|2100|2124}}</noinclude> | ||
simply because it has been described as somewhat | |||
inferior to some other product for the same use. | |||
does not constitute a teaching away from any of these | |||
alternatives because such disclosure does not criticize, | |||
discredit, or otherwise discourage the solution | |||
Revision as of 19:36, November 7, 2011
← MPEP 2122 | ↑ MPEP 2100 | MPEP 2124 → |
2123 Rejection Over Prior Art's Broad Disclosure Instead of Preferred Embodiments
I. PATENTS ARE RELEVANT AS PRIOR ART FOR ALL THEY CONTAIN
The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.
A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments.
See also MPEP § 2131.05 and § 2145, subsection X.D., which discuss prior art that teaches away from the claimed invention in the context of anticipation and obviousness, respectively.
II. NONPREFERRED AND ALTERNATIVE EMBODIMENTS CONSTITUTE PRIOR ART
Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. A known or obvious composition does not become patentable simply because it has been described as somewhat inferior to some other product for the same use.
Furthermore, a prior art's mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed.
← MPEP 2122 | ↑ MPEP 2100 | MPEP 2124 → |