Appeal No. 95-3455
Application 07/945,902
as an electrode on a tunnel oxide as a gate. Such electrodes
are described as useful in extending the endurance of EPROM's.
We have relied on the translation of Koyama et al.
attached to appellants' brief as "prior art" under 35 U.S.C. §
102(a).
We recognize that appellants have characterized the article in
their brief as being an article "by the inventor" (page 5 of
appellants' brief). However, the inventive entity in the
involved application is Yasuhiro Koyama and Hiroshi Ishihara.
The authors of the article are Yasuhiro Koyama, Ryouzo Inoue,
Jun Kudo and Hibou Shibayama. Thus, the authors of the
article are "others" in terms of 35 U.S.C. § 102(a).6
We are not unmindful that Koyama et al. have made a claim
for priority under 35 U.S.C. § 119 based on their earlier
filed Japanese application which bears a filing date of
September 19, 1991, which is prior to the publication date of
the
Koyama et al. article. However, an earlier filed foreign
35 U.S.C. § 102(a) - "A person shall be entitled to a patent unless- (a) the6
invention was known or used by others in this country, or patented or described in a
printed publication in this or a foreign country, before the invention thereof
by the applicant for patent,..." (1998).
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