Ex Parte Mandler et al - Page 4

               Appeal 2007-1502                                                                            
               Application 09/929,260                                                                      

                                        III. FINDINGS OF FACT                                              
                      1. The Publication names the following inventors: Benjamin Mandler,                  
               Yoelle Maarek-Smadja, Alain Azagury, and Michael Factor.                                    

                      2. All of these inventors declare, "Mandler was the sole inventor of all             
               the subject matter that was cited by Examiner in Fig. 8 and in claims 19, 20,               
               22 and 23 of the Publication."  (Decl. B ¶ 2.)                                              

                      3. Mandler and Roman Talyansky ("Talyansky") are the applicants for                  
               U.S. Patent Application No. 09/929,260, the application from which the                      
               instant appeal arises.                                                                      

                      4. Both of these Applicants declare, "Mandler was the sole inventor of               
               claims 67, 68, 76-80 and 88-90 in the aforesaid Application."  (Decl. C ¶ 2.)               

                                             IV. ANALYSIS                                                  
                      The aforementioned Declarations establish that Mandler invented both                 
               the subject matter of claims 67, 68, 76-80, and 88-90 and the relied-on                     
               disclosure of the Publication.  We are unpersuaded by the Examiner's                        
               allegation that because "Talyansky claimed inventorship on dependent                        
               claims that incorporate the subject matter of independent claims, his                       
               contribution to the independent claims cannot be fully ruled out."  (Answer                 
               7.)  Talyansky unequivocally avers that Mandler was the sole inventor of the                
               claims on appeal.  (FOF 4.)  That Talyansky and Mandler jointly invented                    



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