Error in MPEP 2141
The online version of MPEP 2141 states, in Section II:
The factual inquiries enunciated by the Court [in Graham] are as follows:
(A) Ascertaining the differences between the claimed invention and the prior art; and
(B) Ascertaining the differences between the claimed invention and the prior art; and
(C) Resolving the level of ordinary skill in the pertinent art.
(A) and (B) are identical. My guess is that (A) is supposed to be something more like: “(A) Determining the scope and content of the prior art.”
I emailed the PTO with a heads up. Don’t know if others have seen this, too. Or if the PTO will change it.