Any person who claims to have acquired the property in a patent or an application for a patent by virtue of any of certain transactions, instruments or events1 is entitled as against any other person who claims to have acquired that property by virtue of an earlier transaction, instrument or event if at the time of the later transaction, instrument or event2:
(1) the earlier transaction, instrument or event was not registered3; or
(2) in the case of any application which has not been published, notice of the earlier
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