Editing MPEP 2129

<noinclude>{{MPEP Section|2128|2100|2131}}</noinclude>

==[[MPEP 2129|2129 Admissions as Prior Art]]==

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'''I. ADMISSIONS BY APPLICANT CONSTITUTE PRIOR ART'''

A statement by an applicant during prosecution 
identifying the work of another as "prior art" is an 
admission that that work is available as prior art 
against the claims, regardless of whether the admitted 
prior art would otherwise qualify as prior art under the 
statutory categories of 35 U.S.C. 102. 

However, even if labeled as "prior art," the work of the same inventive 
entity may not be considered prior art against the 
claims unless it falls under one of the statutory categories. 

'''II.DISCUSSION OF PRIOR ART IN SPECIFICATION'''

Where the specification identifies work done by 
another as “prior art,” the subject matter so identified 
is treated as admitted prior art.

'''III.JEPSON CLAIMS'''

Drafting a claim in Jepson format (i.e., the format 
described in [[37 C.F.R.#§ 1.75 Claim(s).|37 CFR 1.75(e)]]; see [[MPEP 608#608.01(m) Form of Claims|MPEP § 608.01(m)]]) is taken as an implied admission that the subject mater 
of the preamble is the prior art work of another.

However, this implication may be 
overcome where applicant gives another credible reason 
for drafting the claim in Jepson format. 

Moreover, where the preamble of a Jepson claim 
describes applicant’s own work, such may not be used 
against the claims.

'''IV.INFORMATION DISCLOSURE STATEMENT (IDS)'''

Mere listing of a reference in an information disclosure 
statement is not taken as an admission that the 
reference is prior art against the claims.
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