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[smcclure]

I have a question regarding earlier-filed but later-published applications.

According to the new U.S. Patent Law signed September 16, 2011, the contents of an earlier filed but later published application (including a PCT application designating the US) will be a bar to patenting for lack of novelty AND obviousness as of its priority date. 

I am familiar with the novelty requirement regarding earlier-filed (but not public) applications, but is the obviousness requirement definitely also there??

Thank you,