Appeal No. 97-1046 Page 8
Application No. 08/274,481
While we have not sustained the instant rejection before
us, we wish to make it clear that our decision should, in no
way, be construed to mean that we consider the instant claimed
invention to be clearly patentable. We say, merely, that the
examiner’s rejection in this case was improper. However, we
remind appellant of his duty, under 37 C.F.R. 1.56, of full and
candid disclosure. Accordingly, notwithstanding appellant’s
statement, at page 1 of the brief, that he “has no currently
pending appeal with materially related subject matter,”
appellant is reminded of his duty to disclose to the Patent and
Trademark Office not only currently pending appeals but also any
pending applications and/or issued patents that he is aware of
which may have, therein, claims directed to the same or similar
subject matter as the instant application. Such duty also
extends to the disclosure of any references which might have
been applied against similar claims, and were not withdrawn by
the examiner, in previous applications which may be pending, may
have issued or may have been abandoned.
The examiner’s decision is reversed.
REVERSED
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