What is the basis for a pre-AIA 102 rejection?

A pre-AIA 102 rejection is based on the availability of prior art evidence. Specifically, under the pre-AIA (America Invents Act) framework, 35 U.S.C. § 102 outlined various grounds for rejecting a patent application, primarily by establishing that the claimed invention was not novel due to prior disclosures.

The key element in a pre-AIA 102 rejection is identifying prior art that predates the patent application and demonstrates that the invention is already known. This could include patents, publications, or other public disclosures that are similar to the claimed invention, thus supporting the assertion that the invention lacks novelty.

Other aspects, such as the non-obviousness or utility of the claimed invention, do play significant roles in patentability determinations but fall under different sections and criteria of patent law. For instance, non-obviousness pertains to the inventive step requirement (35 U.S.C. § 103), and utility relates to the usefulness of the invention (35 U.S.C. § 101). Correct claim form submissions are procedural requirements but do not form the basis for a substantive rejection based on the prior art. Therefore, the primary foundation for a pre-AIA 102 rejection is the evidence of prior art, which is critical for