In most patent regimes, a patent on an invention is only allowed if the claimed invention is novel and not obvious in view of so called "prior art," namely, evidence of what was in the public domain before the claimed invention. Various forms of prior art may be cited against a patent application claim. Under U.S. Patent Law,1 because the fi rst to invent is entitled to the patent, an earlier invention, even though made and used secretly, could be cited as prior art against a claim directed to a later invention. Oddzon Products, Inc. v. Just Toys, Inc.2 Prior to December 2004, the only way to avoid a rejection based on an earlier invention was to establish both inventions were owned by or assignable to the same entity at the time the later invention was made. The owner of the two inventions could use Section 103(c) of the U.S. Patent Law3 by fi ling a "terminal disclaimer" which made the term of any patent issuing on the later invention the same as the term of any patent on the earlier invention.