Appeal No. 96-2475
Application 08/319,473
OPINION
The appellants have expressed the following view with regard
to the examiner's rejections:
The disclosures of those published Japanese
applications [Tanaka and Kurawaki] illustrate the
subject matter which is claimed in Claims 1 and 3-15.
This subject matter also forms the basis upon which the
remaining dependent claims rely. Brief, page 3.
However, it is the appellants' position that Tanaka and Kurawaki,
which were published within one year of the effective filing date
of the instant application, are not proper references. We agree,
noting, as explained below, that this has no bearing on claims 21
and 22, however.
The present application claims an effective filing date of
November 1, 1991, on the basis of two parent applications. Both
of the Japanese patent applications cited as references were
published on June 11, 1991, some four months prior to the
earliest application before us. The Messrs. Kurawaki and Tanaka
named as the two inventors in the first publication, and the Mr.
Tanaka named as the sole inventor in the second, are the
inventors in the present application, along with Mr. Nakaya
(Brief, page 3). As set forth in Section 715.01(c) of the Manual
of Patent Examining Procedure, a rejection based on a publication
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