I have an invention I am working on. During my research I came…

"Reviewing a claimed invention for compliance with 35 U.S.C. § 102 and 103 begins with a comparison of the claimed subject matter to what is known in the prior art. If no differences are found between the claimed invention and the prior art, the claimed invention lacks novelty and is to be rejected by USPTO personnel under 35 U.S.C. § 102.

Once differences are identified between the claimed invention and the prior art, those differences must be assessed and resolved in light of the knowledge possessed by a person of ordinary skill in the art. Against this backdrop, one must determine whether the invention would have been obvious at the time the invention was made. If not, the claimed invention satisfies 35 U.S.C. § 103." Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility (2005), Section VI.

Based on your stated facts, only a portion of your invention may be patentable. The portion that is more capable must be such that a person of ordinary skill would not find it obvious. If so, then you may be able to patent the nonobvious portion, which would give you effectively control over the previously patented invention, to the extent that anyone were to try to include your improvements.

Hope this helps.

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