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   Is the reference effective for 103(a)?
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   Author  Topic: Is the reference effective for 103(a)?  (Read 814 times)
cerastein
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Is the reference effective for 103(a)?
« on: Nov 21st, 2007, 12:43am »
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Dear Sir:
 
  I have filed an application on 12/13/2004.
 
  the examiner rejected my application according to the 35USC103(a) according to two references.
 
  first reference is published on Jul. 8, 2004, and the second reference is published on Jan.4, 2007.
 
  I doubted that the effectiveness of the second reference because of its published date, which is a date after my filing date. But I have found some information in the published document wherein the second reference has three provisional applications whose fileing date are Sep.16, 2004, SeP. 17, 2004, and Oct.9,2004 respectively, earlier than my fileing date.  
 
Would someone told me that the second reference is leagal document for rejecting my application?
 
thanks for your great help.
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