Appeal No. 95-1779
Application 07/683,130
DECISION ON APPEAL UNDER 35 U.S.C. § 134
This is an appeal under 35 U.S.C. § 134 from an
examiner’s rejections of Claims 1-5, 13, 23-24, and 26-31, all
claims pending in this application.
Introduction
Claims 1-5, 13, 23-24, and 26-31 stand rejected under
35 U.S.C. § 103 as being unpatentable in view of the
disclosure of “Christie. Abstract No. 0062363 210-05970 of
Dialog File
No. 44. ‘Control of Fouling Organisms,’ [Presented at: Marine
Fouling Seminar, London (UK)]. April 23, 1979". Claims 1-5,2
2 It is not clear from the record whether the examiner
is relying on Christie’s Abstract for the subject matter its
describes in a printed publication under 35 U.S.C. § 102(a) or
102(b) or for subject matter which was known by others in this
country as a result of its presentation at a London (UK)
conference. If the examiner
is relying on the printed publication, its publication date
has not been established. The subject matter described in the
abstract was merely presented at a conference in London (UK)
on April 23, 1979. The conference date is the only date the
examiner associates with the reference (Examiner’s Answer
(Ans.), p. 3). On the other hand, if the examiner is relying
on the prior knowledge “by others in this country” of the
subject matter presented by Christie at the London (UK)
conference on April 23, 1979, under section 102(a), the
examiner has not established that the subject matter was known
“in this country” prior to June 14, 1985. While the cited
abstract refers
to a four page article entitled “Control of Fouling
(continued...)
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