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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