An assertion of priority can operate as an incorporation by reference when:

An assertion of priority can operate as an incorporation by reference when the omitted portion is completely contained in the prior application. In this context, incorporation by reference means that a new application can incorporate the contents of an earlier application without repeating the material verbatim, as long as it clearly indicates that the content of the prior application is being relied upon.

When an applicant claims priority to a previously filed application, they are asserting that they have a right to the earlier application's filing date. If the omitted material in the subsequent application is entirely disclosed in the prior application, then it can be effectively "pulled in" or incorporated by reference. This allows the new application to rely on the detailed descriptions, claims, and drawings from the earlier filing, which is critical for establishing the novelty and non-obviousness of the invention being claimed.

The other options do not align with the concept of incorporation by reference as clearly. For instance, merely stating a prior-filed application without fully containing the pertinent information does not satisfy the requirements for incorporation by reference. Additionally, filing an application in a foreign country does not inherently establish a basis for priority or incorporation unless the application fully complies with U.S. patent law regarding foreign priority claims.