- One of the most common reasons for rejection of the claims of a patent application. The examiner in charge of the application will reject a claim on the grounds of anticipation, citing 35 U.S.C. 102(a). This means that, in the opinion of the examiner, a prior art reference shows each and every element of the claimed invention, arranged as in the claim. See Connell v. Sears, Roebuck & Co., 722 F.2d 1542, 220 U.S.P.Q. 193, 198 (Fed. Cir. 1983). A rejection based on anticipation is overcome by pointing out at least one difference between the claimed invention and the prior art reference.
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