How does the USPTO determine if a claim in a later-filed application is entitled to the benefit of an earlier filing date?
The USPTO determines if a claim in a later-filed application is entitled to the benefit of an earlier filing date by evaluating whether: The subject matter of the claim is disclosed in the earlier-filed application. The disclosure in the earlier-filed application complies with the requirements of 35 U.S.C. 112(a), except for the best mode requirement.…
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