Prior Art: A system which detects X and makes an alarm

Claim: A system which detects X


Prior art anticipates if each claim element of the later patent is found in the prior art. Here, each claim element of claim a system which detects X is found in prior art and therefore prior art anticipates claim. So yes, assuming system of prior art = system of claim and x of prior art = x of claim. Without more in the claim it would rejected under 102.

  • Is it an exception if you have a claim can accomplish something using fewer steps. Example: Prior Art - Accomplishing X using steps A, B and C New Claim: Accomplishing X using steps A and B ? – Eric S May 5 '17 at 17:09
  • I think this never comes up because all elements in a patent claim must be connected. So, what this means is that the connection between step B and the result would be different than step C and the result in the prior art. So in effect the later patent did not have each and every element of the prior art so no anticipation. Another way to look at it is the rule that “A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.” For 35 USC 102. – user7875084 May 6 '17 at 19:52
  • Continued from above: and if Step B -> Result was in the prior art then step C -> result would be superfluous. – user7875084 May 6 '17 at 20:00

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