Appeal No. 94-3564
Application 07/890,314
In the Examiner’s Answer, page 2, section (7), the examiner
cites the third reference as follows: European Patent Application
3922650 published January 11, 1990. That citation is incorrect,
which can be seen from a review of the Office Action mailed July
21, 1992, citing German Offenlegungsschrift DE 3922650 printed
January 11, 1990. Manifestly, the reference to European Patent
Application 3922650 in the Examiner’s Answer constitutes an
inadvertent error. Nevertheless, neither appellants nor the
examiner has favored this record with an English translation of
German Offenlegungsschrift DE 3922650. Both refer instead to the
“equivalent” of DE 3922650, namely, U.S. Patent No. 5,047,230
issued September 10, 1991, to Nagy et al. based on Application
Serial No. 376,678, filed July 7, 1989. According to 2
appellants,
The cited Nagy reference [DE 3922650] is in
German, but corresponds to U.S. Patent No.
5,047,230. Accordingly, unless otherwise
indicated, further reference will be to the
U.S. patent rather than to the German Nagy
patent.
See the main Brief before the Board, page 3, last paragraph.
2 DE 3922650 and U.S. Patent No. 5,047,230 derived from the same
Hungarian priority document, number 3585/88 filed July 8, 1988.
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