Does abandoned or withdrawn patent application remain as prior art? 1 Answers as of September 16, 2014

I have a patent application in appeal that has never been published. If the application is withdrawn or abandoned does the USPTO count information in the application as prior art? If an application is withdrawn or abandoned can a new application be submitted? If so, can the application be narrower in scope than the previous application? Thanks.

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Webb IP Law Group
Webb IP Law Group | Jason P Webb
If it was published, it can be used as prior art. If it was never published (in any way), it cannot.
Answer Applies to: Utah
Replied: 9/16/2014
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