Appeal No. 95-4814
Application 07/935,507
the priority benefit of Vala, U.S. Patent 5,089,713; that is,2
whether Vala is prior art. In Amendment A (paper number 3),
appellants amended the application to include the following
statement:
This is a Continuation-in-Part of
our USSN 07/811,337 filed 1/29-92
which is a Division of our USSN
651,887 filed 2/7-91 and now US
5,089,713, which, in turn, is a
Division of our USSN 419,572 filed
10/10-89 and now US 5,003,189, all
having common inventors and being
commonly assigned. We hereby claim
the filing dates of the foregoing as
the effective filing date of the
instant case as regards all common
disclosed subject matter.
According to the examiner (Answer, page 2):
[A]pplicant has [sic, Applicants have]
failed to perfect his [sic, their]
claimed continuation-in-part status by
neglecting to disclose all information
as required under 35 U.S.C. 120 and
§ 1.56; please see bottom of page 1
of+-
applicant's [sic, applicants’] declaration wherein space for
said information is blank. Because of this omission, the
examiner is required to use the "parent" application as prior
art. In the last office action, the examiner detailed this
information by directing the applicant [sic, applicants] to 37
CFR 1.62(c),(d) and 37 CFR 1.63(d) (emphasis in original).
U.S. Patent No. 5,089,713 is one of the references2
relied on by the examiner.
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