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Ernesto patents an invention, and sues a business competitor using the thing he patented for patent infringement. The competitor defends against the lawsuit by arguing

Ernesto patents an invention, and sues a business competitor using the thing he patented for patent infringement. The competitor defends against the lawsuit by arguing that the thing Ernesto patented was actually described in a publication 18 months prior to Ernesto's patent application. Which patent requirement is the competitor attacking?
Ernesto patents an invention, and sues a business competitor using the thing he patented for patent infringement. The competitor defends against the lawsuit by arguing that the thing Ernesto patented was actually described in a publication 18 months prior to Ernesto's patent application. Which patent requirement is the competitor attacking?

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