A single reference must disclose each element arranged as in the claim, either expressly or inherently. Combining references produces an obviousness rather than anticipation analysis.
Inherent disclosure requires necessary presence rather than possibility.
Alternative Names:
Section 102|Anticipation Defense
Why it Matters?
The single reference requirement is strict, and a reference disclosing most elements while another supplies the remainder produces an obviousness case rather than anticipation, which is a materially different analysis requiring motivation to combine. Inherency also requires that the missing element necessarily be present rather than merely possible, which is where inherency arguments most often fail. Anticipation is the cleaner invalidity theory where available.
Frequently Confused with
Related terms
Frequently asked questions
Can references be combined?
What does inherency require?
