Analysis:
The filing date of the conflicting application is before the filing date of the latter application (not including the filing date), but it is made public after the filing date of the latter application (including the filing date), and ACD meets the requirements, and B excludes it.
Section 2.2, Chapter 3, Part II of the Patent Examination Guide
According to the provisions of Paragraph 2 of Article 22 of the Patent Law, in judging the novelty of an invention or utility model, the patent application documents or published patent documents filed by any unit or individual with the same invention or utility model before the filing date damage the novelty of the patent application filed on the filing date. For the sake of simplicity, when judging novelty, this patent application that damages novelty is called a conflicting application.
when searching, the examiner should pay attention to the fact that to determine whether there is a conflicting application, it is necessary to consult not only the patent claim of the earlier patent or patent application, but also its specification (including the appended drawings), and its full text shall prevail.
the conflicting application also includes an international patent application that has entered the national phase in China and meets the following conditions, that is, an international patent application that was filed by any unit or individual before the filing date and published or announced by the Patent Office after the filing date (including the filing date) and is the same invention or utility model.
In addition, a conflicting application only refers to an application for a patent for invention or utility model filed before the filing date, and does not include the same application filed on the filing date.