Solution of the problem, an example of judicial practice and plot

Breeder amateur Prokhorov brought by long-term experience, he believes, the new varieties of fruit bushes. Desiring to consolidate the exclusive rights to use of the class, he turned to the patent attorneys to help him apply for a patent for the selection achievement.

Among other data required to compile the application, he introduced a number of publications 60 years ago, which details the experiments on the removal of the class, which ended unsuccessfully. From the explanations Prokhorov indicated that he was going the same way, but his experiments culminated in breeding new varieties. In one of the publications it has also been reported that this variety was bred in Argentina for a long time.

Patent attorneys expressed doubt that the achievement of breeding has novelty.

Is the achievement of breeding new Prokhorov? What is the difference between novelty and originality of the selection achievement?