Fletcher YoderA reference patent is only entitled to claim the benefit of the filing date of its provisional application if the disclosure of the provisional application provides support for the claims in the reference patent.
A reference patent is only entitled to claim the benefit of the filing date of its provisional application if the disclosure of the provisional application provides support for the claims in the reference patent.
A patentee has the burden of proving priority to the filing date of an earlier application if priority was not considered during prosecution.