What is the consequence of publishing a Last Call Working Draft within 90 days after the publication of the First Public Working Draft of the same document?
The first exclusion opportunity subsumes the second one for the following reasons. A first exclusion opportunity begins with publication of a First Public Working Draft and ends 150 days later. Per the W3C Patent Policy, the reference draft for exclusions during that period is the one available at 90 days. In this scenario, the reference draft is the Last Call Working Draft. A second exclusion opportunity is triggered by publication of a Last Call Working Draft and ends 60 days later. Exclusions are over material not in the reference draft (per section 4.1 of the Patent Policy). Thus, when a Last Call Working Draft is also the reference draft of the first exclusion opportunity, the second exclusion opportunity is entirely subsumed.
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