Appeal No. 95-0972 Page 22
Application No. 07/650,453
THE PUBLIC USE OR SALE REJECTION
We vacate the rejection of claims 1 through 19 and 22
through 29 under 35 U.S.C. § 102(b) based upon a public use or
sale of the invention.
After giving careful consideration to the respective
positions articulated by the appellant and the examiner on
this issue, it is unclear to us exactly what facts the
examiner is relying upon in making this rejection. In fact,
it is unclear to us exactly what "use" the examiner believes
to have been a "public use" under 35 U.S.C. § 102(b) barring
the claimed subject matter.
The examiner appears to be continuing to rely upon
Successful Farming, "Dollars from Filter Strips," and the
meeting between Dr. Richard C. Schultz and the inventor in
November 1988 as somehow establishing a "public use" bar.
However, any use described in Successful Farming, "Dollars
from Filter Strips," is not a bar to the claimed subject
matter since the Risdal farm use described thereon occurred
after the appellant's filing date as established by the reply
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