Appeal No. 95-2444
Application 07/973,655
Appellants argue that (Brief, pp.3-4):
Johnson '793 is not a proper reference to
serve as a basis of rejection for the claims
under 35 U.S.C. §102(a) or (e). The
inventors, Mr. Pokora and Mr. Johnson, along
with Mr. Cyrus, Jr. have submitted a
Declaration under 37 C.F.R. §1.132 which
states that they are the joint inventors of
Johnson '793 and that Mr. Johnson and Mr.
Pokora are the inventors of the process for
using soybean peroxidase to bleach Kraft pulp
described in the Johnson '793 patent. These
Declarations eliminate Johnson '793 as prior
art because they establish that the reference
to bleaching Kraft pulp in Johnson '793 is
not the disclosure or invention of another,
but rather is the invention of Johnson and
Pokora, the applicants.
The declaration under 37 CFR § 1.132 reads, in pertinent
part, as follows:
We, Mark A. Johnson, Alexander R. Pokora
and William L. Cyrus, Jr., declare and state
the following:
(1) We are joint inventors of U.S.
Patent No. 5,147,793;
(2) The subject matter relating to the
use of soybean peroxidase in enzymatic
bleaching of kraft pulp at column 10, lines
44-45 of U.S. Patent No. 5,147,793, but not
claimed therein, is the invention of Mark A.
Johnson and Alexander R. Pokora and is not
the invention of William L. Cyrus, Jr.; and
(3) Mark A. Johnson and Alexander R.
Pokora conceived of the subject matter
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