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901.01 Canceled Matter in U.S. Patent Files [R-3] - 900 Prior Art, Classification, and Search

901.01 Canceled Matter in U.S. Patent Files [R-3]

Canceled matter in the application file of a U.S. patent >or U.S. application publication< is not a proper reference as of the filing date under 35 U.S.C. 102(e). See Ex parte Stalego, 154 USPQ 52, 53 (Bd. App. 1966). However, matter canceled from the application file wrapper of a U.S. patent >or U.S. application publication< may be used as prior art as of the patent *>or publication date, respectively,< in that it then constitutes prior public knowledge under 35  U.S.C. 102(a). In re Lund, 376 F.2d 982, 153 USPQ 625 (CCPA 1967). See also MPEP § 2127 and § 2136.02.

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