102

Question 1

Pre-AIA 102(d): foreign patent before US filing, or foreign filing 12M before US filing.

Given D1 (foreign filing), D2 (foreign patent), D3 (US filing)
No patent if:

Answer 1

D1 + 12M < D3 or D2 < D3

Question 2

Test for Obviousness

Answer 2

1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.

Question 3

affidavit 130, 131, 132

Answer 3

130: for AIA, for disqualify 102(a) prior art using 102(b)
NOT for the same claim !!! Same claim need to have derivation proceeding !!!

131: for pre AIA, swear back with earlier invention date, only for 102(a) and 102(e) that compare with the invention date.
Not for 102(b) and 102(d) that compare with filing date.

132: evidence of secondary consideration to overcome prima facie 103 obviousness