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  1. patent application publication claiming the same patentable invention as defined in 37 CFR 41.203(a). If there is a common assignee or inventor between the application and patent, a double patenting rejection must be made. If there is no common assignee or inventor and the rejection under 35 U. See MPEP Chapter 2300 for more information regarding interferences; (E) Perfecting a claim to priority under 35 U. The filing date of the priority document is not perfected unless applicant has filed a certified priority document in the application (and an English language translation, if the document is not in English) (see 37 CFR 1.55(a)(3)) and the examiner has established that the priority document satisfies the enablement and description requirements of 35 U. A double patenting rejection _may_ result from this situation, but it is not _yet_ applicable to this situation presently. RESPONSE: Showing prior inventorship in this situation is not _presently_ effective to overcome a 102(e) rejection because the 102(e) rejection here is based on the same patentable invention as defined in 37 CFR 1.601(n) (removed from MPEP E8R8, see 37 CFR § 41.203(a)). Subject matter that qualifies as anticipatory prior art under 35 U. Second, a showing of prior inventorship, even under 35 USC 104, still has the same problems as Answer (B) above.