Appeal No. 96-3022
Application 08/278,012
The claims on appeal stand rejected as follows:
a) claims 1, 9 and 10 under 35 U.S.C. § 102(b) as reciting
subject matter which was in public use or on sale in this country
more than one year prior to the filing date of the instant
application; and
b) claims 4 through 8 under 35 U.S.C. § 102(b), or in the
alternative under 35 U.S.C. § 103, as reciting subject matter, or
an obvious variation thereof, which was in public use or on sale
in this country more than one year prior to the filing date of
the instant application. 3
In support of these rejections, the examiner relies on
Disclosure Document No. 355,188, filed in the Patent and
Trademark Office by the appellant, Lawrence O. Boddy, in May
1994, and on the 37 CFR § 1.132 declarations of the appellant and
his son, Ronald L. Boddy, filed in the instant application on
December 27, 1994 (Paper No. 7). According to the examiner,
these items demonstrate “that Applicant and his son were
3In the final rejection, claims 1 and 4 through 10 were
also rejected under 35 U.S.C. § 112, second paragraph. The
examiner has since withdrawn this rejection in view of the
amendments made subsequent to final rejection (see the advisory
action dated August 16, 1996, Paper No. 24).
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