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coolerheadsprevail

10/09/13 12:40 PM

#14790 RE: MarkmanRunup #14788

Yes, I am aware of the USC code you cited. The following is also from 35 USC 154:

A patent granted on a continuation, divisional, or continuation-in-part application that was filed on or after June 8, 1995, will have a term which ends twenty years from the filing date of earliest application for which a benefit is claimed



To me, two key things stand out in the wording:

(1)
The condition of whether "a benefit is claimed".

(2)
The broad use of the term "earliest application" (i.e. does not specify "earliest non-provisional application").

Again, I'm not saying I'm right, but just trying to make sure I understand it correctly.

Thoughts? TIA...