Appeal 2007-1082
Application 10/327,383
1 Appellants claim benefit of an earlier filing date based on Provisional
2 Application 60/343,469, filed 21 December 2001.
3 The real party in interest is Pfizer Inc.
4 The Examiner rejected claims 1, 3-4, 7-9, 11, 13-23, 25-26 and 28 (all
5 of the claims) under 35 U.S.C. § 103(a) as being unpatentable over
6 Tenengauzer. (The reader should know that no references to et al. are made
7 in this opinion.)
8 The Examiner has also rejected claims 1, 3-4, 7-9, 11, 13-23, 25-26
9 and 28 under 35 U.S.C. § 103(a) as being unpatentable over Singer and
10 Curatolo.
11 The following prior art was relied upon by the Examiner.
12
13 Name Patent Number Issue Date
14 Curatolo US 5,605,889 25 Feb 1997
15 Singer US 6,365,574 B2 02 Apr 2002
16 Tenengauzer US 6,764,997 20 Jul 2004
17
18 Curatolo is prior art vis-à-vis appellants under 35 U.S.C. § 102(b).
19 Singer is prior art vis-à-vis appellants under 35 U.S.C. § 102(e) based
20 on Singer’s filing date of 30 November 1999.
21 Tenengauzer is prior art vis-à-vis appellants under 35 U.S.C. § 102(e)
22 based on Tenengauzer’s filing date of 18 October 2002, appellants’ filing
23 date being 20 December 2002. Appellants claim priority of a Provisional
24 Application filed 21 December 2001 and Tenengauzer claims priority based
2
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