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What if examiner did not look at applicant-submitted art

Started by fb, 04-30-23 at 07:35 AM

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I have an application filed. A competitor filed his application and submitted my application as previous art. The examiner's office action of the competitor never mentioned my application, even though mine is a clear 102 reference, and the competitor's patent was issued.

Is the next step to just submit my application as post-grant art, even though it's already listed as a reference on his patent?


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