Appeal No. 96-2475
Application 08/319,473
matter does not alter the fact that as to a given claim, only one
effective date is applicable, and that date is based upon when
the totality of the subject matter met the requirements of 35
U.S.C. § 120. See In re van Langenhoven, 458 F.2d 132, 136, 173
USPQ 426, 429 (CCPA 1972). Therefore, the effective filing date
of claims 21 and 22 is December 11, 1992. This date is more than
one year after the publication of the two Japanese references,
and therefore the declaration provided by the appellants does not
disqualify them as references.
Claims 21 and 22 stand rejected as being unpatentable over
either of the Japanese publications, each taken in view of Knapp.
Aside from their contention that the Japanese publications are
not proper references against any of the claims, which is not
applicable to claims 21 and 22 for reasons explained above, the
appellants have not presented arguments that the teachings of
these two combinations of references fail to render the subject
matter of the two claims unpatentable. The examiner's position
therefore going unchallenged, we shall sustain these two
rejections.
Summary:
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