What is the first step in the three-step procedure to overcome a pre-AIA prior art rejection?

Determining the prior art date is fundamentally important because it establishes the timeframe in which any prior art references must be evaluated against the claimed invention. The prior art date in the context of pre-AIA (America Invents Act) is typically the effective filing date of the application, as it serves as the cutoff point for identifying what constitutes prior art.

When addressing a pre-AIA rejection, you start by identifying this prior art date to ascertain which pieces of information or patents might be considered prior art. If a reference was published or became available to the public before the prior art date, it can be deemed relevant to the rejection. This makes understanding the prior art date a critical step before moving on to arguments or amendments to rebut the rejection.

The effectiveness of subsequent steps, such as determining the application filing date or invention date, hinges on correctly establishing the prior art date first. This structuring is essential for organizing the response to any examination challenges based on pre-AIA standards.