Appeal No. 96-3610
Application 08/300,567
Sep., 1966 (9-1966). In the answer (page 6), the examiner points
out that a complete copy of this reference was not available.
This panel of the board obtained a copy of an Italian patent
No. 637,711 in the United States Patent and Trademark Office.
However, the document does not bear the name Giovanni, does not
show the drawing figures depicted in the reference relied upon
by the examiner that is referenced as the Giovanni document, and
does not bear a date of 9-1966.
The examiner acknowledges (answer, page 6) that
information relied upon in the rejection as evidence of
obviousness is predicated upon the “assumption” of what is
disclosed in the Giovanni document. It appears that the examiner
has not even been able to determine the name of the article
(title of the invention) portrayed in the so-called Giovanni
reference.
Based upon the examiner’s own acknowledgement, and our
perception as well, it can only be assumed or speculated upon as
to what the content of the Giovanni document, in fact, discloses.
This critical deficiency prevents this document, in its current
form, from satisfying the requirement that prior art must
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