Considering these two bars, there are, essentially, four likely scenarios:
1) Esso conceived the idea totally independently, presumably having forgotten Celsius' use of it.
2) Esso subconsciously derived the idea from Celsius' bar and never realized it.
3) Esso subconsciously derived the idea from Celsius' bar, but realized it before releasing his own bar. He may or may not have changed his bar between said realization and release.
4) Esso consciously derived the idea from Celsius' bar.
If 1) or 2) is the case, Esso did not bite.
If 3) or 4) is the case, whether or not Esso bit is subjective, although I consider Esso's bar different enough from Celsius' as to not be bitten.
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