Appeal No. 98-0964
Application 08/557,436
statements made by appellant in the paper filed December 5,
1996 (Paper No. 5, page 8) wherein it is indicated that “a
sit-on-top kayak substantially as depicted in FIGS. 14-20 of
the present application was placed on sale by the Applicant in
approximately April 1994.” In
maintaining this rejection, the examiner has determined that
appellant is not entitled to benefit under 35 U.S.C. § 120 of
the filing date of March 25, 1994 associated with appellant’s
earlier filed application SN 29/020,506 which matured into
Design Patent No. 377,473 (issued January 21, 1997), and has
thus accorded the subject matter of the present utility
application only the filing date of the present application
(i.e., November 14, 1995), thereby making the sales of the
embodiment seen in Figures 14-20 of the present application
made by appellant “in approximately April 1994" a bar under 35
U.S.C. § 102(b).
Claims 23 through 34 stand additionally rejected under
the judicially created doctrine of double patenting over the
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