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The Inventive Entity and Prior Publication by Another

Patently-O

102(a) prior art asks whether the IPA invention was already the subject of a printed publication prior by the time the IPA inventors created their invention. Thus, a prior publication by inventors (or a subset of the inventors) does not count as prior art under 102(a). In re Katz, 687 F.2d 2d 450 (CCPA 1982).