Ex Parte Haas - Page 8



         Appeal No. 2006-1279                                                       
         Application No. 10/249,005                                                 
                                                                                   
         applications relied upon to give prior art effect under 35 U.S.C.          
         § 102(e) to references applied in rejections.  In a notice                 
         published in the USPTO's Official Gazette on Nov. 23, 2004,                
         Stephen G. Kunin, then-Deputy Commissioner for Patent Examination          
         Policy, stated the following:                                              
                   Due to the recent enhancement to Public PAIR, the                
                   Office has ended the transitional practice of supplying          
                   with Office actions a copy of any provisional                    
                   application relied upon to give prior art effect under           
                   35 U.S.C. 102(e) to a reference applied in a rejection.          
                   The purpose of the transitional practice, which began            
                   in December of 2003, was to make it easier for                   
                   applicants to see the contents of such provisional               
                   applications. Now that such provisional applications             
                   can be viewed and/or printed using the Public PAIR               
                   website, the transitional practice is no longer needed.          
         See "Most Publicly Available Provisional Applications Can Now be           
         Viewed Over the Internet," 1288 Off. Gaz. Pat. Office 169 (Nov.            
         23, 2004).                                                                 







              For U.S. patents that properly claim benefit under 35 U.S.C.          
         § 119(e) to a provisional application, the critical reference              
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