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.

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