Appeal No. 1999-0281 Page 9
Application No. 08/629,727
The Kolbus patent itself establishes that Brian D. Kolbus and
Richard H. Jacobs are the named inventors of the subject
matter of claims 1 through 4 of the patent.
From this evidence, we are unable to conclude which parts
of the Kolbus patent were the product of Jacobs' independent
work and thus not available as prior art. In that regard, it
is our determination that Jacobs' statement 3 that he
"conceived or invented the subject matter disclosed in U.S.
Patent Number 5,599,033" is not stating that all the subject
matter disclosed in U.S. Patent Number 5,599,033 was conceived
or invented by Jacobs alone since this would be inconsistent
with both Jacobs' statement 2 (that Jacobs is a co-inventor of
U.S. Patent Number 5,599,033) and the named inventorship of
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007