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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