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Patent A is granted. Patent application B is related to A, but is a new application. Patent A is prior art to Patent application B. To prosecute Patent application B to grant, can an attorney make a submission of some sort of deficiency in granted Patent A without creating an issue of estoppel in Patent A?

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    Is patent B an improvement on patent A? Is patent A and B owned by the same entity?
    – Eric S
    Commented Sep 13, 2023 at 16:05
  • What do you think is gained by pointing out a deficiency in A? And what sort of estoppel to you think can occur? I suggest not using technical legal terms unless used with a good background but rather spelling out your concern in relatively lay terms.
    – George White
    Commented Sep 14, 2023 at 5:37

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