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[issoa]

Last April (2008) I submitted a nonprovisional utility patent to the USPTO.  I've constantly performed search for any similar idea on the internet and on the USPTO website.  On April 14th I notice a new patent for a very similar idea of mine.  This patent application was submitted three months before mine.   This idea, which just obtained a patent, is a combination of two different concepts.  My patent idea was for just one of the concepts not the aforementioned combination.

Further, the newly patented idea did not offer any information as to how the idea would be powered or any real operation of the idea.  My patent covered three different ways it could be powered and a complete operation breakdown in each of the claims.

My question is should I trash my idea or argue that my idea is different and holds more merit?

[CriterionD]

Its virtually impossible to tell you much here without knowing more.  There are many hypothetical possibilities here.  What you are trying to patent, i.e. what is described by your claims, must be novel and non-obvious in light of this other patent (and any other prior art you may have not found).  If a claim does not describe anything not covered by this other patent, it will not be allowed.  If a claim offers additional detail, to state the obvious, that detail must be considered novel and non-obvious.

And, this all might be moot since the US is still a first to invent country, and while interference proceedings can suck they can provide remedy if you can provide evidence that you were first to invent.  And, whether or not you should trash your idea is certainly a different subject than whether or not you should expect your patent to be granted.