Ex parte LINK et al. - Page 3




          Appeal No. 1996-4079                                                        
          Application No. 08/239,916                                                  


          copy and a declaration by a translator verifying that the                   
          translation is correct.4                                                    




               The Kavanagh reference is a published British application              
          and we were well aware of the correct publication date of the               
          reference as well as appellants’ claim for benefits under 35                
          U.S.C.  119(a)-(d) and 37 CFR  1.55(a) at the time of our                 
          decision.  However, as a result of a typographical error, the               
          publication date of the Kavanagh reference was identified in                
          our decision as “Feb. 6, 1993,” rather than June 2, 1993.  The              
          issue of appellants’ entitlement to benefits under 35 U.S.C.               
          119(a)-(d) and 37 CFR  1.55(a) was not discussed in our                    
          earlier decision, because appellants never raised the issue in              
          their brief, not because we misapprehended the publication                  
          date of the Kavanagh reference.                                             
               The file reveals that appellants were made aware of the                


               The request for rehearing actually states that the German document4                                                                     
          which was translated “is believed to contain the disclosure of the foreign  
          priority application” (page 2).  On June 10, 1999, a supplement to the request
          for rehearing was filed verifying the German document which was translated as
          a true copy of the certified copy filed on May 9, 1994.                     
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