Ex parte REICHLEN et al. - Page 8

                  Appeal No. 1996-3623                                                                                                                    
                  Application No. 08/114,546                                                                                                              


                  and to consider the affidavits under 37 CFR 1.131 with respect to the availability of                                                   
                  Beckman as prior art reference under 35 U.S.C. § 102(e) in light of the statement by the                                                
                  Examiner that the declarations were sufficient to antedate the Regan reference and                                                      
                  establish conception and reduction to practice prior to September 1992.                                                                 
                           This application, by virtue of its “special” status, requires an immediate action.                                             
                  MPEP § 708.01(d) (7th Ed. July 1998).                                                                                                   
                                                       REVERSED AND REMANDED                                                                              




                                             JAMES D. THOMAS                                       )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             MICHAEL R. FLEMING                                    )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JOSEPH L. DIXON                                       )                                                      
                                             Administrative Patent Judge                           )                                                      


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