Qualifying 102(b) references

46. In accordance with USPTO rules and procedures set forth in the MPEP, which of the following is not a

“printed publication” under 35 USC 102(b), with respect to a patent application filed June 1, 2002?

(A) A paper that was orally presented at a meeting held May 1, 2001, where the meeting was open to all

interested persons and the paper was distributed in written form to six people without restriction.

(B) A doctoral thesis that was indexed, cataloged, and shelved May 1, 2001, in a single, university library.

(C) A research report distributed May 1, 2001, in numerous copies but only internally within an organization

and intended to remain confidential.

(D) A reference available only in electronic form on the Internet, which states that it was publicly posted

May 1, 2001.

(E) A technical manual that was shelved and cataloged in a public library as of May 1, 2001, where there is

no evidence that anyone ever actually looked at the manual.

46. ANSWER: (C) is the most correct answer. The internal report was intended to be confidential and therefore

is not a “printed publication” under 35 U.S.C. § 102(b). See MPEP § 2128.01. Answer (A) is incorrect. An orally

presented paper can be a “printed publication” if copies are available without restriction. The paper is a

“printed publication” under 35 U.S.C. § 102(b). See MPEP § 2128.01. Answer (B) is incorrect. The thesis is a

“printed publication” under 35 U.S.C. § 102(b). See MPEP § 2128.01. Answer (D) is incorrect. An electronic

publication disclosed on the Internet is considered to be publicly available as of the date the item was posted.

The reference is a “printed publication” under 35 U.S.C. § 102(b). See MPEP § 2128. Answer (E) is incorrect.

There is no need to prove that anyone actually looked at a document. The manual is a “printed publication”

under 35 U.S.C. § 102(b). See MPEP § 2128.