Question:
List three examples of the kinds of information, in addition to prior art documents, that can be relied on in a protest.
Answer:
The following are examples of the kinds of information, in addition to prior art documents, which can be relied on in a protest:

* (A) Information demonstrating that the invention was publicly known or used by others and is barred from patenting under 35 U.S.C. 102(a)(1)and/or 103 or pre-AIA 35 U.S.C. 102(a) and/or 103.
* (B) Information that the invention was in public use or on sale and is barred from patenting under 35 U.S.C. 102(a)(1)or pre-AIA 35 U.S.C. 102(b).
* (C) Information that the inventor “has abandoned the invention” or “did not himself invent the subject matter sought to be patented”
* (D) Information relating to inventorship under pre-AIA 35 U.S.C. 102(g).
* (E) Information relating to compliance with 35 U.S.C. 112.
* (F) Any other information demonstrating that the application lacks compliance with the statutory requirements for patentability.
* (G) Information indicating “fraud” or “violation of the duty of disclosure” may be the subject of a protest. Protests raising fraud or other inequitable conduct issues will be entered in the application file, generally without comment on those issues.

Chapter Details:
The answer to this question can be found in chapter 1900 of the MPEP. This chapter covers Protest.
The answer is from the 9th Edition, Revision 01.2024, Published November 2024. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
Section Summary:
This question and answer comes from section 1901.02 of the MPEP.  The following is a brief summary of section 1901.02.
1901.02 Information Which Can Be Relied on in Protest
Any information which, in the protestor’s opinion, would make the grant of a patent improper can be relied on in a protest.