A statutory discrimination exists against foreign applicants who have a deficient disclosure in their priority application to meet the “best mode contemplated”; this discrimination is not made under the statutory wording for priority based upon a domestic provisional or regular parent application (but not for a Paris Convention priority application).

A new paper (attached) provides details: “A Second “New Kawai”:  Unfair Priority Standard for Foreign Applicants in the Leahy Smith America Invents Act of 2011”