Appeal No. 1999-0347 Page 10
Application No. 08/804,635
not established that either the Honigsbaum letter or the Kari
letter was sufficiently accessible
so that interested members of the relevant public could obtain
either or both letters if they wanted to.
For the reasons stated above, the decision of the
examiner to reject claims 1, 2, 4, 8, 9, 11, 13, 14 and 16 to
18 under
35 U.S.C. § 102(b) is reversed.
The on sale rejection
We will not sustain the rejection of claims 1, 2, 4, 8,
9, 11, 13, 14 and 16 to 18 under 35 U.S.C. § 102(b).
We agree with the appellant's argument (brief, p. 14, and
reply brief, p. 7) that neither the Honigsbaum letter or the
Kari letter establish an "on sale" bar under 35 U.S.C. §
102(b). In that regard, clearly the Kari letter is not
germane to this issue since it is a letter acknowledging
receipt of the Honigsbaum letter. The Honigsbaum letter
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