Appeal No. 1998-0212 Page 11
Reissue Application No. 07/837,588
Allowance and Issue Fee Due advised the appellant that he was
“entitled to a patent under the law ....” 37 C.F.R. § 1.311
(1988). The ‘814 Patent did not issue until August 15, 1989.
Based on these dates, the appellant had over five months to
file any applications for which copendency with the ‘176
Application was sought.
At the time the appellant filed the Issue Fee
Transmittal, viz., June 13, 1989, the Manual of Patent
Examining Procedure (M.P.E.P.) provided notice that “a patent
number and issue date are assigned to an application
approximately within two (2) weeks after the issue fee is
received in the Patent and Trademark Office, and this event
starts a printing routine that takes about eight (8) weeks
....” M.P.E.P. § 1306.03 (5th ed., Aug. 1983). The
appellant’s experience with how long a patent typically took
to issue and his non-receipt of a Notice of Patent Issuance,
(Prout Decl., 5/17/90, ¶ 11), do not alter the fact that he
had notice that the ‘176 Application was to issue as a patent.
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