5

Especially in the earlier days of Ask Patents many posts used "prior art" as synonymous with "killer prior art that would completely show a patent document to not be new". Technically "A is prior art to B" just means that A is allowed to be used against B. To qualify under this correct, and low, hurdle A needs to meet a timing criteria, an "available to the ...


3

It is possible to get a first action allowance (FOA), i.e. without any rejections to the claims. As you state, that generally implies you left claim scope on the table, but it can be subsequently argued in, e.g., a continuation application. Just be aware that if you narrow claims (esp. in response and/or to overcome an office action on the merits), you may ...


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