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2125    Drawings as Prior Art

MPEP SECTION SUMMARY

This section explains that drawings can be used as prior art. To be used as prior art, the origin of the drawing is immaterial as long as the drawing or picture shows the structure which is claimed.

DRAWINGS CAN BE USED AS PRIOR ART

Drawings and pictures can anticipate claims if they clearly show the structure which is claimed.

  • However, the picture must show all the claimed structural features and how they are put together.

The origin of the drawing is immaterial.

  • For instance, drawings in a design patent can anticipate or make obvious the claimed invention as can drawings in utility patents.
  • When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification.
  • The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art.

 

» 2150 Examination Guidelines for 35 U.S.C. 102 and 103 as Amended by the First Inventor To File Provisions of the Leahy-Smith America Invents Act