Appeal No. 1996-0672
Application No. 08/164,774
rejections based on Yamazaki is that Yamazaki is not 2
available as prior art against the appealed claims. On the
other hand, the examiner contends that the present
continuation-in-part application is not entitled to the
benefit of the filing date of the parent application under 35 3
U.S.C. § 120 (and implicitly the benefit of the foreign
priority document under 35 U.S.C. § 119) because, according4
to the examiner, the parent application does not comply with
the “how to use” requirements of 35 U.S.C. § 112, first
paragraph. The examiner thus contends that the effective
2The month of Yamazaki’s 1992 publication date is not
listed.
3The parent application 07/949,104 was filed on August
31, 1992 by coinventors Tomoya Kitazume, Takashi Yamazaki, and
Kenji Mizutani. Based on a disclaiming declaration filed
under 37 CFR § 1.132 executed by the four listed authors
(including the above three coinventors) of the Yamazaki
reference indicating that coauthor Mitsunori Takeda is not a
coinventor of the subject matter described in the parent
application, the examiner withdrew the stated prior art
rejections over Yamazaki ( the rejections were premised on the
contention that the Yamazaki reference qualified as prior art
under 35 U.S.C. § 102(a)). See appellants’ response filed
July 12, 1993 and the examiner’s final rejection entered
September 29, 1993 in the parent application.
4Japanese foreign priority document 4-015683 was filed on
January 31, 1992.
3
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