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Re: Prior art

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Posted by Jack on February 27, 2003 at 03:19:14:

In Reply to: Prior art posted by William on February 26, 2003 at 05:08:36:

: YES -- you must disclose the prior art to the PTO in an Information Disclosure -- IDS ! Its a good idea to edit your application to explain the differences between your invention and that described in this prior art and to draft the claims accordingly so that your invention can be allowed over this art as new, useful and unobvious.

Good Luck !!

: I am preparing my patent application to submit to the PTO. I am at this point researching prior art. I went to the http://www.uspto.gov website and I noticed that someone is pattenting something similar to what I want to patent. They have not yet been granted the patent though. In my patent application, should I refer to their application as prior art? Or not refer to their application at all?

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: : YES -- you must disclose the prior art to the PTO in an Information Disclosure -- IDS ! Its a good idea to edit your application to explain the differences between your invention and that described in this prior art and to draft the claims accordingly so that your invention can be allowed over this art as new, useful and unobvious. : Good Luck !! : : I am preparing my patent application to submit to the PTO. I am at this point researching prior art. I went to the http://www.uspto.gov website and I noticed that someone is pattenting something similar to what I want to patent. They have not yet been granted the patent though. In my patent application, should I refer to their application as prior art? Or not refer to their application at all?

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Re: Prior art

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