Appeal No. 96-3610
Application 08/300,567
sufficiently describe an invention to have placed the public in
pos- session of it. See In re Donahue, 766 F.2d 531, 533, 226
USPQ 619, 621 (Fed. Cir. 1985).
We share the appellant’s point of view (amended brief,
page 6) to the effect that the Giovanni document, with its lack
of an indication as to even what the subject matter thereof
pertains to, is so deficient in its present form that it is not a
proper reference, i.e., proper evidence.
Thus, notwithstanding the teaching of Ericson, the
rejection of appellant’s claims under 35 U.S.C. § 103 must be
reversed based upon the stated deficiency of the Giovanni
document.
We also remand this application to the examiner to
further attempt to ascertain the correct identifying information
for the so-called Giovanni document, and to obtain a complete
copy thereof (and translation) so that it can be fairly assessed
by the examiner relative to any possible use thereof in
subsequent prior art rejections of appellant’s claims.
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