s*******1
发帖数: 135 | 1 MF invented a new garden tool in France and filed an application first in
France and then in US properly claiming the benefit of the french priority.
F's application issues as a patent. After the filing in French, but before
the filing in US, AC invented a garden tool which is obvious from F's
invention but entirely different. C too files a US application. F's patent
is not prior art under 102(e) to C's application because the 102(e) of F isn
't the French filing date, but the actual U.S. filing date.
问 如果不考虑date, F's 是A 的prior art 吗? A's is obvious from F's invention
BUT entirely "different"? | f*****n
发帖数: 12752 | 2 如果F的法国申请在C申请前公布，则F的申请是A的prior art，反之不是。和法国申请
日无关，和公布日有关。 |
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