IconFind, Inc. v. Google, Inc.

Filing 36

MEMORANDUM by IconFind, Inc. in support of 35 Motion to Dismiss and Motion to Strike. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Folgers, Anna) Modified on 4/20/2011 (Becknal, R).

EXHIBIT C

http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_102.htm

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Patents > Search Collections > MPEP > 35 U.S.C. 102 Conditions for patentability; novelty and loss of right to
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35 U.S.C. 102 Conditions for patentability; novelty and loss of
right to patent. - Patent Laws
35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent.
A person shall be entitled to a patent unless (a) the invention was known or used by others in this country, or patented or
described in a printed publication in this or a foreign country, before the invention
thereof by the applicant for patent, or
(b) the invention was patented or described in a printed publication in this or a
foreign country or in public use or on sale in this country, more than one year prior
to the date of the application for patent in the United States, or
(c) he has abandoned the invention, or
(d) the invention was first patented or caused to be patented, or was the subject of
an inventor's certificate, by the applicant or his legal representatives or assigns in a
foreign country prior to the date of the application for patent in this country on an
application for patent or inventor's certificate filed more than twelve months before
the filing of the application in the United States, or
(e) the invention was described in - (1) an application for patent, published under
section 122(b), by another filed in the United States before the invention by the
applicant for patent or (2) a patent granted on an application for patent by another
filed in the United States before the invention by the applicant for patent, except
that an international application filed under the treaty defined in section 351(a)
shall have the effects for the purposes of this subsection of an application filed in
the United States only if the international application designated the United States
and was published under Article 21(2) of such treaty in the English language; or
(f) he did not himself invent the subject matter sought to be patented, or
(g)(1) during the course of an interference conducted under section 135 or section
291, another inventor involved therein establishes, to the extent permitted in
section 104, that before such person's invention thereof the invention was made by
such other inventor and not abandoned, suppressed, or concealed, or (2) before

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http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_102.htm

such person's invention thereof, the invention was made in this country by another
inventor who had not abandoned, suppressed, or concealed it. In determining
priority of invention under this subsection, there shall be considered not only the
respective dates of conception and reduction to practice of the invention, but also
the reasonable diligence of one who was first to conceive and last to reduce to
practice, from a time prior to conception by the other.
(Amended July 28, 1972, Public Law 92-358, sec. 2, 86 Stat. 501; Nov. 14, 1975,
Public Law 94-131, sec. 5, 89 Stat. 691.)
(Subsection (e) amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113
Stat. 1501A-565 (S. 1948 sec. 4505).)
(Subsection (g) amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113
Stat. 1501A-590 (S. 1948 sec. 4806).)
(Subsection (e) amended Nov. 2, 2002, Public Law 107-273, sec. 13205, 116 Stat.
1903.)
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