OUR APP: A US patent application, whose provisional date is Apr. 8, 2004. Assigned to Motorola. Has 5 inventors, A - E.
I received a 103 rejection citing PA1 and PA2.
PA1: A document published in Canada, not a patent. Looks like a publication resulting from a conference. Appears to be published on March 8, 2004 (one month before OUR APP). The "Source" shown on the doc say Motorola, and then gives 2 motorola email addresses, showing names like [email protected]. One name is clearly the same as inventor A. The other looks like a different inventor, say inventor F.
So, is PA1 prior art to OUR APP?
Can inventorship be considered the same if you have one common inventor? so then 102B grace period would apply.
Is there a way to use 103c?