Can a U.S. patent document with common inventors still qualify as prior art?
Yes, a U.S. patent document can still qualify as prior art under AIA 35 U.S.C. 102(a)(2) even if it has common inventors with the application under examination or patent under reexamination.
MPEP 2154.01(c) states: “Even if there are one or more joint inventors in common in a U.S. patent document and the later-filed application under examination or patent under reexamination, the U.S. patent document qualifies as prior art under AIA 35 U.S.C. 102(a)(2) unless an exception in AIA 35 U.S.C. 102(b)(2) is applicable.”
This means that as long as there is at least one different inventor, the document can be considered prior art, subject to certain exceptions outlined in AIA 35 U.S.C. 102(b)(2).
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2154.01(C) - Requirement Of "Names Another Inventor",
Patent Law,
Patent Procedure