What must an examiner establish for a 102 rejection?

In establishing a 102 rejection, the examiner must demonstrate that the prior art teaches every element and limitation of the claimed invention. The focus of a 102 rejection is on the novelty of the invention compared to what has already been disclosed in prior art. If each aspect of the invention is found in a single prior art reference, it suggests that the invention is not new, which is the essence of a 102 rejection.

This assessment involves a detailed analysis of the claims and the prior art to ascertain if there is a complete overlap, meaning that all elements of the claim are envisioned in the prior art in such a way that they would be recognizable to someone skilled in the relevant field. This is pivotal in patent law since patents are meant to protect new and non-obvious inventions, and establishing that all claimed elements are taught by prior art effectively shows that the invention lacks novelty.

In contrast, the other alternatives do not align with the requirements for a 102 rejection. For instance, determining whether a better invention exists or if the invention is beneficial does not directly relate to the novelty assessment, and new evidence emerging after filing would be relevant to other types of rejections but not foundational for establishing a 102 rejection.