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

The basis for a pre-AIA 102 rejection primarily revolves around the availability of prior art evidence. Under pre-AIA (America Invents Act) patent law, Section 102 outlines the conditions under which an invention might be deemed unpatentable due to prior art. This includes any patents, publications, or other evidence that were publicly available before the filing date of the patent application.

A pre-AIA 102 rejection may occur if it can be established that the claimed invention was known or used by others in the United States or was described in a printed publication before the applicant's effective filing date, therefore showing that the invention is not novel. This rejection directly relates to how prior art impacts the patentability of an invention.

Understanding the significance of prior art in the context of patent law is crucial in determining whether new inventions meet the necessary requirements for novelty and patentability. Thus, focusing on the availability of prior art evidence provides a comprehensive foundation for making effective arguments during patent prosecution or when faced with rejections.