Can the filing date of a foreign priority document be used as the effective filing date under pre-AIA 35 U.S.C. 102?
No, the filing date of a foreign priority document cannot be used as the effective filing date under pre-AIA 35 U.S.C. 102. However, it can be used to overcome certain references. The MPEP states: “The effective filing date for claims subject to pre-AIA 35 U.S.C. 102 is not the filing date of the foreign priority…
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