Question 16
Domain 1: Patentability Requirements and Patent FundamentalsWhat is the difference between anticipation and obviousness?
Correct answer: B
Explanation
Anticipation requires that a single prior art reference disclose “all claim elements” arranged as claimed. Obviousness is broader because it can be shown by combining multiple references, so the claimed invention need not appear in one reference alone.
Why each option is right or wrong
A. There is no difference; they are the same rejection
B. Anticipation requires all claim elements in a single reference; obviousness allows combining multiple references
Under 35 U.S.C. § 102, anticipation is established only when one prior art reference discloses every element of the claimed invention, expressly or inherently, in a single document or embodiment. By contrast, 35 U.S.C. § 103 permits an obviousness rejection based on the combined teachings of multiple references, so the examiner may rely on more than one prior art source to show the claimed subject matter would have been obvious to a person of ordinary skill in the art.
C. Anticipation allows combining multiple references; obviousness requires a single reference
D. Anticipation is under § 103; obviousness is under § 102