“Printed Publication” May Include A Googled Reference That Was Internet Archived Prior To The Critical Date

In determining “prior art” under 35 U.S.C. § 102, a reference is a “printed publication” if it is accessible to the public. As explained in the Manual of Patent Examining Procedure, “[a] reference is proven to be a ‘printed publication’ ‘upon a satisfactory showing that such document has been disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in the subject matter or art, exercising reasonable diligence, can locate it.’”  M.P.E.P § 2128, para. I (quoting In re Wyer, 655 F.2d 221, 210 U.S.P.Q. 790 (CCPA 1981)) (emphasis added).