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April 13, 2023

Comments

The mistake was not the incorporation by reference - what's in the prior art is in the prior art, whether incorporated or not - but the reliance of the '127 disclosure on the methods disclosed in the earlier applications (i.e., the prior art.) The claims have to recite something new, and the specification has to describe and enable that new matter.

Awesome Article and one of the best website to learn about Patent Litigation & Regulatory Framework.

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