337. Effect of disclosure in earlier relevant application.

Where an invention1 or other matter contained in the application in suit was also disclosed2 in two earlier relevant applications3 filed by the same applicant as in the case of the application in suit or a predecessor in title of his and the second of those relevant applications was specified in or in connection with the application in suit4, the second of the relevant applications must be disregarded, so far as concerns that invention or matter5 unless:

  1.  

    (1)     it was filed in or in respect of the same country as the first relevant application6; and

  2.  

    (2)     not later than