The earlier invention can still be used as prior art against the later filing, assuming there was some publication or public use of it. See my comment here: htt

The earlier invention can still be used as prior art against the later filing, assuming there was some publication or public use of it. See my comment here: http://news.ycombinator.com/item?id=2834229 http://news.ycombinator.com/item?id=2834229