The Milburn rule, codified in pre-AIA 35 U.S.C. 102(e), allows the use of a U.S. patent as a reference against a later filed application as of the U.S. patent filing date. The MPEP explains this in MPEP 2136.04: “As stated by the House and Senate reports on the bills enacting section pre-AIA 35 U.S.C. 102(e)…

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