Ex parte VALA et al. - Page 5




         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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