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Legal Definitions - lack-of-antecedent-basis rejection
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Definition of lack-of-antecedent-basis rejection
Definition: Lack-of-antecedent-basis rejection is a refusal to accept a contractual offer or tendered goods as contractual performance. It can also refer to a patent examiner's finding that a claim in an application is unpatentable due to a missing reference in the specification or claim.
Examples:
- A buyer rejects nonconforming goods within a reasonable time after delivery and notifies the seller. This is an example of lack-of-antecedent-basis rejection in a contractual context.
- A patent examiner rejects a claim in a patent application because it lacks a reference in the specification or claim. This is an example of lack-of-antecedent-basis rejection in a patent context.
Both examples illustrate the concept of lack-of-antecedent-basis rejection, which is a refusal to accept something due to a missing reference or basis. In the contractual context, the buyer rejects the goods because they do not meet the agreed-upon specifications. In the patent context, the examiner rejects the claim because it lacks a reference that is necessary to support the claim.
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Simple Definition
Lack-of-antecedent-basis rejection is when a patent application is rejected because a reference in the specification or claim is missing. This means that something important is not included in the application, and it cannot be approved until it is fixed. It's like trying to build a puzzle without all the pieces - it won't work until everything is there.
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