What must an examiner establish for a 102 rejection?

For a 102 rejection, the examiner must demonstrate that the prior art teaches every element and limitation of the claimed invention. This means that each element found in the claims of the application must be present in prior art references, such as patents or publications, that are considered relevant and potentially anticipatory.

Anticipation under 35 U.S.C. § 102 occurs when a single prior art reference discloses a single embodiment that meets all the claimed limitations. Thus, the focus is on whether the invention as claimed is already known, not on whether it's a better invention or if new evidence has emerged. The inquiry specifically revolves around whether the prior art contains a complete disclosure of the claimed invention, thereby justifying a rejection on the ground of anticipation. This foundational requirement is crucial in patent examination, as it establishes whether the claimed invention is novel.