Evidence that the claimed invention was in public use, on sale, or otherwise available to the public may also be used as the basis for a prior art rejection under 35 U. Note that a printed publication that does not have a sufficiently early publication date to itself qualify as prior art under AIA 35 U.
to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131-MPEP § 2138 for examination of applications subject to pre-AIA 35 U.
102(a), in that prior art that otherwise would be included in AIA 35 U.
102(a)(1) may be competent evidence of a previous public use, sale activity, or other availability of a claimed invention to the public where the public use, sale activity, or other public availability does have a sufficiently early date to qualify as prior art under AIA 35 U.
See In re Epstein, 32 F.3d 1559, 31 USPQ2d 1817 (Fed.
The categories of prior art documents and activities are set forth in AIA 35 U.
102(a)(1) and the categories of prior art patent documents are set forth in AIA 35 U.