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35 U.S.C. 102 Question
Question: For the exception in AIA 35 U.S.C. 102(b)(1)(B) to apply, must the exception in AIA 35 U.S.C. 102(b)(1)(A) also apply?
I don’t understand why answer C is correct:
C) No, the exception in AIA 35 U.S.C. 102(b)(1)(B) does not expressly require that the inventor’s prior public disclosure have been made during the grace period as required for the exception in AIA 35 U.S.C. 102(b)(1)(A).
D) No, if the inventor’s prior public disclosure is made outside the grace period, the inventor’s prior public disclosure itself is prior art under AIA 35 U.S.C. 102(a)(1) that is not covered by any exception in AIA 35 U.S.C. 102(b)
Isn’t D the right answer? Doesn’t all of 102(b)(1) require that the disclosure was made within a year of the filing date?
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