Effective Prior Art Date of Publication as Against Applicant’s Own Other Filings

[patatty30]

I have a question re: determination of prior art under European or non-US laws (of PCT member countries); i.e. what is going to happen at national stage.

In short, can the US Nonprov. publication of an applicant's own US Nonprov. application be available as prior art as of its priority date ("effective filing date") as opposed to only its publication date and then be used against a later filed PCT application (with a different priority/filing date)?
The PCT application being filed before the publication date but after the 1st priority date?

Phrased another way, what is the effective prior art date in other non-US (i.e. European) countries of a published patent application as applied against the applicant's PCT or foreign application?
Is it the publication date or the priority date?
(assume the PCT or foreign application missed the priority year deadline and its priority date is simply its filing date)

Practical Relevance:
If PCT application misses priority year deadline from US provisional
but a US Nonprov. was filed within 12 mos. from US prov. and will soon publish...can PCT be filed without priority before US Nonprov. publishes?
Or is the only course of action to preserve PCT rights to try to abandon the
US Nonprov. before it publishes and file PCT immediately (albeit without priority).

[divgradcurl]

Your best bet is to contact the offices in the different countries that you are disignating to find out -- I don't know if there is some blanket "PCT" treatment of this sort of art. Maybe there is something in MPEP 901.05 that might help? Also, see MPEP 901.03.