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[IntelProp007]

Located at the bottom is the text regarding whether AIA 35 USC 102 applies to a patent application (Section 3(n) of AIA)

Here are two examples, an easy one and a more complicated one (with question)....

Easy example:
A U.S. application filed after March 16, 2013 (the Effective Date of AIA) that claims priority to a foreign application having a filing date before March 16, 2013, has an "effective filing date" before March 16, 2013, and thus AIA 35 USC 102 would not apply, but instead will be subject to present 35 USC 102(a), (b), or (e), for example.

More complicated example:
Same facts as above except the U.S. application contains additional description and additional claim to an additional embodiment that is not in the foreign application priority document. What result?
My understanding is that this would be a U.S. application that "contains... a claim to a claimed invention that has an effective filing date... that is on or after" March 16, 2013, and therefore that the AIA 35 USC 102 would apply.

Any thoughts??

EFFECTIVE DATE.—
(1) IN GENERAL.—Except as otherwise provided in this section, the amendments made by this section shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act, and shall apply to any application for patent, and to any patent issuing thereon, that contains or contained at any time—
(A) a claim to a claimed invention that has an effective filing date as defined in section 100(i) of title 35, United States Code, that is on or after the effective date described in this paragraph; or
(B) a specific reference under section 120, 121, or 365(c) of title 35, United States Code, to any patent or application that contains or contained at any time such a claim.

[JimIvey]

I think you have it right.  Applicability of the AIA appears to be on a claim-by-claim basis and benefits of earlier filing dates must be evaluated on a claim-by-claim basis.

Regards.