Appeal No. 2003-0210
Application 03/237,574
prior knowledge or use was under secrecy
within the atomic energy program of the
United States.
We think the meaning and intent or this provision
is so clear as to admit of no dispute: With respect to
subject matter covered by the patent provisions of the
Atomic Energy Act, prior knowledge or use under section
102(a) need not be accessible to the public.
Hence, Robinson, Boller and Eubank are available as of their
respective filing dates of November 28, 1945, September 28, 1945
and March 16, 1945 as evidence of what was known by others under
35 U.S.C. § 102(a). These filing dates are prior to the
appellants’ earliest effective filing date of February 4, 1946.
Robinson and Boller disclose metallic uranium rods which
have been coated in baths containing 67 wt% copper and 33 wt% tin
(Robinson, col. 2, lines 7-9; Boller, col, 2, line 71 - col. 3,
line 4).
Eubank discloses metallic uranium rods which have been
coated in baths containing 1) 67 wt% copper and 33 wt% tin, 2)
about 46.5 wt% copper, 52.5 wt% tin and 1 wt% nickel, and 3)
47 wt% copper and 53 wt% tin (col. 3, lines 43-47 and 68-75;
col. 4, lines 43-50).
In the declaration under 37 CFR § 1.131 by John T. Lucas
(filed February 12, 2001, paper no. 38), invention disclosure
documents are provided which show that as of November 1944 the
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