DYNAMIC DRINKWARE, LLC v. NATIONAL GRAPHICS, INC. (Fed. Cir. 2015) (P) – A provisional application must also support the later filed claims to qualify as secret prior art

by | Sep 4, 2015 | [sub] provisional, Prior Art

For a provisional application to qualify as secret prior art under 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C. 102(e), it must support the claims of the application or patent asserting priority thereto. Here, for example, an otherwise anticipatory disclosure found in a...