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Re: Just the facts maam post# 14304

Monday, 06/05/2023 5:20:05 AM

Monday, June 05, 2023 5:20:05 AM

Post# of 14882
Silvr, just a thought, since the CV patent prosecution was rebuffed by assigning prior art to Dudley's invention. I wonder if, AbbVie decided to wait, as long as they can, before filing a patent using the USPTO's own assignment of prior art to Dudley (owned by AbbVie) with ANIP's examples, in their filing. This strategy would give them a level of certainty that it would be allowed with the maximum amount of patent protection possible.

Apparently not all patent applications have to be published. If a request is made not to publish the patent application, you can shield your invention from the competition, but anything new that is introduced cannot be considered prior art. The CV claim's prior art already seems to be established and the breast cancer claim's prior art was set on December 19, 2015. It makes me wonder if there is an unpublished one or more patent applications in the works.
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