Appeal 2006-1875
Reexamination Control No. 90/006,272
1 12. The Examiner entered a non-final Rejection on August 24, 2004,
2 concluding that the 2003 Miller Declaration established a publication date for
3 the Copes-Vulcan Brochure before the critical date of June 30, 1997, and
4 rejecting claims 2-4, 6-10, 12-15, 17-19, and 21-23 under 35 U.S.C. § 102(b)
5 as being anticipated by the Copes-Vulcan Brochure.
6 13. Patent Owner filed a response on October 22, 2004, arguing that the
7 2003 Miller declaration fails to establish that the Copes-Vulcan Brochure was
8 published before the critical date, but not contesting that the brochure, if it is a
9 proper reference, anticipates all of the pending claims.
10 14. The Examiner entered a Final Rejection on March 28, 2004,
11 maintaining the rejection.
12 15. Patent Owner filed a Brief on July 26, 2005.
13 16. The Examiner entered an Examiner's Answer on September 29, 2005.
14 17. Patent Owner filed a Reply Brief on November 14, 2005.
15 2003 Miller Declaration
16 18. Mr. Miller testifies that he received a copy of the Copes-Vulcan
17 Brochure on or before June 20, 1997 (2003 Miller Declaration ¶ 3).
18 19. The last page of the Copes-Vulcan Brochure shows a copyright date of
19 1997 and states that it was printed in the U.S.A.
20 20. Mr. Miller refers to Exhibit 15, a copy of a memorandum with a
21 letterhead stating "Control Components Inc., An IMI Company," dated
22 June 20, 1997, from himself, Mr. H.L. Miller, to Mr. J. Chris Sykes, IMI
23 Patents and Licensing (2003 Miller Declaration, ¶ 4).
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