How can an examiner reject a patent based on Prior Art under section 102?

A patent examiner can reject a patent application under section 102 based on prior art by establishing an earlier invention date through evidence. Section 102 outlines the criteria for what constitutes prior art and stipulates that a patent claim cannot be granted if the invention was known or used by others before the applicant's date of invention or filing date. If evidence shows that someone else created the same invention earlier, this constitutes prior art that can lead to rejection.

In this context, the examiner assesses the evidence presented and compares it with the claims of the application to determine if the claimed invention has been previously disclosed. Successful evidence of an earlier invention date serves as a solid basis for establishing prior art and denying the patent application based on lack of novelty.

The other choices do not directly relate to the process of rejecting a patent under section 102 regarding prior art. Refusing to accept late information might occur in some cases but does not constitute grounds for rejection on its own. Requesting additional data is more about seeking clarification rather than rejecting a patent. Asserting the novelty of the current invention could mean establishing its uniqueness, but this does not align with the process of using prior art to reject it. Hence, the most appropriate choice for a rejection based on prior art is tied to