Ex parte LINK et al. - Page 4





                     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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