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Patent Filing and Prosecution / Re: Prior Art Question
« on: 02-14-13 at 06:01 am »
A senior associate told me that the Examiner cannot use Reference A under 102(a) based on the priority claim to the JP application.
The senior associate told me that the Examiner should obtain an English translation of the JP application and cite that as prior art under 102(a), while Reference A can only be a valid prior art reference based on it's US publication date.
There are conflicting opinions and which one is correct?
The senior associate told me that the Examiner should obtain an English translation of the JP application and cite that as prior art under 102(a), while Reference A can only be a valid prior art reference based on it's US publication date.
There are conflicting opinions and which one is correct?

