Appeal No. 97-2546
Application 08/399,722
(b) the invention was patented or described in a printed
publication in this or a foreign country... more than
one year prior to the date of the application for
patent in the United States.
The publication date of the Takayanagi reference applied
by the examiner is May 31, 1994. Appellant’s filing date in
the United States for the present application is March 7,
1995. Accordingly, it is clear on its face that Takayanagi is
not a valid reference under 35 U.S.C. § 102(b), since it was
not published “more than one year prior to the date of the
application for patent in the United States.” However, given
the clear nature of this oversight made both on the part of
the examiner and appellant, we consider it fair to both sides
in this appeal to merely treat this rejection as being
properly made under 35 U.S.C. § 102(a).
Looking first to independent claim 34, we share
appellant’s view (brief, page 6) that Takayanagi fails to
teach or show a watertight grommet including a core and sleeve
combination having at least one annular protuberance thereon
and at least one annular groove complementary to the
protuberance as required in this claim. While it is clear
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