Appeal No. 94-2033
Application No. 07/982,141
legally available prior art in view of its February 3, 1988,
filing date.
DELIBERATIONS
Our deliberations in this matter have included evaluation
and review of the following materials: (1) the instant
specification, including all of the claims on appeal; (2)
appellant's Appeal Brief and Reply Brief; (3) the Examiner's
Answer (Paper No. 23) and the Supplemental Examiner's Answer
(Paper No. 25); (4) the above-cited references relied on by the
examiner; (5) appellant's Rule 131 Declaration, executed
June 7, 1993; and (6) the opinion and decision entered by another
merits panel of the Board in parent application Serial No.
07/473,006, Paper No. 12 (Appeal. No. 92-0636, decided
September 25, 1992).
On consideration of the record, including the above-listed
materials, we reverse the examiner's rejection under 35 U.S.C.
§ 103.
DISCUSSION
We first observe appellant's argument that the Rule 131
Declaration, executed June 7, 1993, "precludes the use of the
Lentz et al. patent as 102(e) prior art" (Appeal Brief, page 6,
line 2). However, for the purposes of this appeal, we find it
unnecessary to reach that issue. We shall assume arguendo,
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