Appeal No. 1996-4079
Application No. 08/239,916
publication date of Kavanagh in the first Office action mailed
June 27, 1994 (almost five (5) years prior to our decision),
wherein the examiner correctly identified the effective date
of the reference as June 1993, literally “6-1993," on Form
PTO-892.
Yet, appellants delayed filing the English language
translation
of the certified copy required by 37 CFR § 1.55(a) until after
a
decision was rendered on the merits of their appeal. As a 5
result of appellants failure to raise the issue of Kavanagh’s
availability as a reference or to supply the examiner with the
537 CFR § 1.55(a) (1998) provides, in part, that:
If the certified copy is not in the English language, a
translation need not be filed except in the case of interference;
or when necessary to overcome the date of a reference relied upon
by the examiner; or when specifically required by the examiner, in
which event an English language translation must be filed together
with a statement that the translation of the certified copy is
accurate. (Emphasis added)
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