I file a patent application in 2016 on a table with the following claim: a horizontal platform supported by four legs. The Patent Examiner finds an expired patent that issued in 2004 that both describes and claims a horizontal platform supported by four legs. My application most likely:
A) Will be rejected by the Examiner as infringing upon the 2004 patent.
B) Will be allowed because the 2004 patent is not prior art.
C)Will be allowed because the 2004 patent is expired.
D) Will be rejected by the Examiner as not novel due to the 2004 patent