Appeal No. 98-1380
Application 08/786,741
adjustment means for moving the first roll stand
vertically on the bed;
at least one second roll stand attached to said bed on
an opposite side from said first roll stand;
at least two spindles mounted on said second stand in
vertical alignment to each other, each spindle of said second
stand supporting a forming roll wherein the adjustment means
on the first roll stand can be raised or lowered so as to use
alternative pairs of forming rolls on the first stand in con-
junction with the forming rolls on the second roll stand to
form different shapes.
Claims 1 to 16 stand finally rejected under 35 U.S.C.
§ 102(b), on the ground that the subject matter thereof was “on
sale” more than one year prior to appellants’ effective filing
date, i.e., prior to October 14, 1993 (the “critical date”).
The rejection in issue is based on evidence filed
by appellants, consisting of a Declaration (“D.”) and Supple-
mental Declaration (“S.D.”) of H. David Bradbury, filed on 2
May 2, 1997, and July 23, 1997, respectively, together with
numerous documents. 3
2Mr. Bradbury states that he is President and Chief
Executive Officer of The Bradbury Company, Inc. (hereinafter
“Bradbury”), assignee of the instant application (D. ¶1;
S.D. ¶1).
3On page 3 of the answer, the examiner, apparently inadver-
tently, does not list the Supplemental Declaration as part of the
3
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