Is there a case were a patent was denied by an examiner, then later an almost identical patent was granted to another person through a different examiner?

  • 2
    Could you narrow down the question a bit by defining "almost identical"? By "another person", would a different inventor and the same assignee qualify? Are you asking specifically about claim language? By later, do you mean by Priority Date of the patent application or date of examination? Also, is there a specific application that has prompted this question? – vallismortis Jul 29 '15 at 19:47
  • One can use "identical" instead of "almost identical." No assignee involved, and the date would be after denial. In other words a patent denied, then picked up and approved. – Jim Sparks Aug 3 '15 at 7:58

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