Appeal No. 97-1999
Application 07/390,745
p. 3, part VI):
[E]ven though the [Marvizon and Skolnick] references
. . . name co-authors different from the named co-
inventors on the present application, the disclosures
therein of portions of the present invention are made
by the present inventors.
Given that declaration, In re Katz, 687 F.2d 450, 454, 215
USPQ 14, 17 (CCPA 1982), instructs:
[O]ne’s own work is not prior art under § 102(a) even
though it has been disclosed to the public in a manner
or form which otherwise would fall under § 102(a).
Disclosure to the public of one’s own work constitutes
a bar to the grant of a patent claiming the subject
matter so disclosed (or subject matter obvious therefrom)
only when the disclosure occurred more than one year
prior
to the date of the application . . . .
However, Skolnick also declares (Skolnick Rule 132
declaration, p. 2, part III):
That disclosures contained in the [Marvizon] reference
. . . are made by the present co-inventors Marvizon,
Lewin
and myself and relate to the use of 1-aminocyclopropane-
carboxylic acid in the present invention. That since my
co-inventors James Monn and Kenner Rice contribution to
the present invention dealt with the synthesis and use of
ester derivatives of 1-aminocyclopropanecarboxylic acid
in the present invention; and since this portion of the
present invention was not disclosed in the [Marvizon]
reference . . . co-inventors James Monn and Kenner Rice
were excluded as authors of the reference . . . .
Skolnick’s declaration does not establish what if any of
the subject matter disclosed in the Marvizon reference, which
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