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   Antedating a 102(b) rejection
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   Author  Topic: Antedating a 102(b) rejection  (Read 656 times)
Chloe
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Antedating a 102(b) rejection
« on: Sep 14th, 2006, 10:38am »
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Can I antedate a reference that is published more than one year from the date I filed my continuing application but is less than one year from the filing date of my PROVISIONAL application?  If I can, do I antedate the reference with a declaration?
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Isaac
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Re: Antedating a 102(b) rejection
« Reply #1 on: Sep 14th, 2006, 11:51am »
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on Sep 14th, 2006, 10:38am, Chloe wrote:
Can I antedate a reference that is published more than one year from the date I filed my continuing application but is less than one year from the filing date of my PROVISIONAL application?  If I can, do I antedate the reference with a declaration?
 Roll Eyes

 
You should not need a declaration if the claims in question are due the priority of your provisional and you claimed that priority.   Since you are calling your application a continuing application, perhaps the parent application's filing date is of some help.
 
You cannot antedate a 102(b) reference by swearing behind it with a declaration.
 
 
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Isaac
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