Ex parte KURAWAKI et al. - Page 7




          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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