Printed Publication

Prior reference need not have been disseminated by distribution of reproductions or copies, and/or indexed in library or database, in order to constitute “printed publication” under 35 U.S.C. § 102(b), since key inquiry is whether or not reference has been made “publicly accessible”; thus, distribution and indexing are not sole factors to be considered in “printed publication” inquiry.  In this instance, a presentation which disclosed every limitation of the invention was displayed for 2.5 days at an association meeting and the same slide presentation was put on display for less than a day at an agricultural station at a university.  (In re Klopfenstein, 72 USPQ2d 1117, CA FC 8/18/04).


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