Ex parte KURAWAKI et al. - Page 5




          Appeal No. 96-2475                                                          
          Application 08/319,473                                                      


          that is not a statutory bar may be overcome by a showing that it            
          was published either by the applicant or on his/her behalf.  That           
          is, a publication of the inventor's own work within one year                
          prior to the filing date of the patent application cannot be used           
          as a reference.                                                             
               There is a very strong commonality in the information                  
          disclosed in the two Japanese publications, the two parent                  
          applications, and the instant application, although the inventive           


          entities are different in the three cases.  However, the                    
          inventors have made of record in the file of the present                    
          application a declaration which states:                                     
               (1) That the invention of independent claim 1 was co-                  
               invented by Kurawaki and Tanaka, who also were the                     
               source of any disclosures of such subject matter in the                
               two Japanese references.                                               
               (2) That the invention of independent claim 14 was                     
               invented by Kurawaki, Tanaka and Nakaya, who also were                 
               the source of any disclosures of such subject matter in                
               the two Japanese references.                                           
          The three inventors thus are attesting to the fact that,                    
          notwithstanding the name(s) that appear on each of the two                  
          references, they were the source of the information contained               
          therein which pertains to the inventions of claims 1 and 14 of              
          the present application.  It is our opinion that this declaration           

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