What is the only section of AIA 102 that can be used to reject an application?

The correct answer is rooted in the understanding of the America Invents Act (AIA) and how it defines various conditions for patentability. Section 102(a) specifically addresses the notion of prior art, indicating that an invention can be rejected if it is not novel in light of prior art. This section asserts that a person shall be entitled to a patent unless the claimed invention was "patented, described in a printed publication, or in public use, on sale, or otherwise available to the public" before the effective filing date of the claimed invention.

Understanding that this is the only section of AIA 102 used for the purpose of rejecting an application is key. It highlights the importance of novelty and distinguishes it from the other subsections, which, while relevant to various aspects of patentability, do not serve as a basis for rejection directly. For instance, section 102(b) deals with grace periods for disclosures made by the inventor and does not pertain to rejections based on prior art. Likewise, sections 102(c) and 102(d) carve out specific situations regarding the timing and circumstances of publications or sales but do not establish grounds for outright rejection of a patent application based on prior art.

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