Appeal No. 95-0972 Page 23
Application No. 07/650,453
brief and declarations (Paper Nos. 22 and 23) filed on May 20,
1994. In addition, the meeting between Dr. Richard C. Schultz
and the inventor in November 1988 cannot by itself establish a
"public use" bar. Mere knowledge of the invention by the
public does not warrant rejection under
35 U.S.C. § 102(b) since 35 U.S.C. § 102(b) bars public use or
sale, not public knowledge. T.P. Lab. v. Professional
Positions, Inc., 724 F.2d 965, 970-71, 220 USPQ 577, 581 (Fed.
Cir. 1984).
The examiner may have been relying on the use at Amana
Colonies described in the specification (pp. 16-26) and the
meeting between Dr. Richard C. Schultz and the inventor in
November 1988 as establishing the use at Amana Colonies as
being "public." However, if this was the rejection that was
intended by the examiner, it is not the rejection of record.
We note that as an aid to resolving a public use issue,
the examiner may require an applicant to answer specific
questions posed by the examiner and to explain or supplement
any evidence of record. 35 U.S.C. § 132, 37 CFR § 1.104(b),
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