Appeal No. 1996-2734 Page 5
Application No. 08/133,680
outset, we consider appellants challenge to the prior art
status of the applied references based on a submission under
37 CFR
§ 1.131 (brief, pages 10-13). Our review of that submission
reveals that only one of the two named inventors for this
application have signed the § 1.131 declaration and the record
does not reflect that the sole signing inventor is a party
that has been asserted to be, let alone found to be, qualified
under 37 CFR § § 1.42, 1.43, or 1.47 as is required by 37 CFR
§ 1.131 under such circumstances. Hence, we determine that
the submission under 37 CFR § 1.131 is defective and
insufficiently authenticated. As such, that declaration does
not qualify as acceptable proof of alleged facts therein to be
weighed against and possibly overcome the rebuttable
presumption that the relied upon patents are available as
prior art to the herein claimed subject matter by virtue of
their filing dates.
Recognizing that the teachings of the applied references
could be found to be art that is prior to and available in
considering the patentability, under 35 U.S.C. § 103, of the
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