Ex parte KURAWAKI et al. - Page 6

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

          constitutes evidence which compels the removal of the two                   
          Japanese publications as references against these two claims on             
          the basis that the pertinent information set forth therein was              
          the applicants' own work.  In this regard, it should be                     
          recognized that the those named as the inventors of the invention           
          for which the patent protection is sought in an application may             
          not necessarily be those who are responsible for all of the                 
          information contained in the disclosure.                                    
               The subject matter presented in claims 1 and 3 through 20              
          was present in each of the two parent applications, and                     

          therefore has an effective filing date of November 1, 1991.  The            
          Japanese publications are not effective references as to these              
          claims, for the reasons discussed immediately above, and we                 
          therefore will not sustain the rejections of such.                          
               A different conclusion arises, however, with regard to                 
          claims 21 and 22.  The subject matter added by dependent claims             
          21 and 22 was not present in the earliest application, as was the           
          case with all of the other claims, but was added in the                     
          continuation-in-part application filed on December 11, 1992.  In            
          such a situation, that some subject matter in a claim may have              
          the support of an earlier application than other of the subject             


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