Examples - Invention Was Claimed

General. The following hypothetical examples teach this concept:

Hypothetical Example No. 1. Henry files a patent application in France that issues as a patent. One year and one day later, he files a U.S. patent application. The USPTO rejects Henry's application under 35 U.S.C. 102(b) using his French patent as a reference.

Hypothetical Example No. 2. Kate files a British patent application on a widget but does not file a U.S. patent application on it. Before Kate's patent issues, Abraham independently invents the same widget and files a U.S. patent application on it. The USPTO issues a U.S. patent to Abraham on the widget.

Hypothetical Example No. 3. John has filed a first patent application on his invention. In it he claims only one of three embodiments of his invention that are shown in the application. After the first application issues as a patent, John files a second patent application in which he claims the other two embodiments of his invention. The USPTO rejects John's second application under 35 U.S.C. 102(b) using his first patent as a reference.

Hypothetical Example No. 4. Albert knows that the one-year grace period during which he can file a U.S. patent application on his invention is coming to an end on Sunday. He files a provisional U.S. patent application on the invention on the next business day after Sunday, which happens to be Tuesday because Monday is a Federal holiday within the District of Columbia (MPEP 710.05). Within 12 months of the filing date of the provisional application (MPEP 505), he files a regular application. The USPTO grants a patent to Albert on his invention.

Case Law. The following example from U.S. case law teach this concept: