Appeal No. 1997-2878
Application No. 08/287,505
to be accorded under 35 U.S.C. § 120, the application upon
which priority is sought must have a disclosure which
satisfies 35 U.S.C. § 112. In re Berkman, 642 F.2d 427, 429,
209 USPQ 45, 46 (CCPA 1981).
Our review of Design Patent No. 287,583 to Smith, as well
as Exhibit C of the brief, labeling various portions of the
figures of the design patent, indicates that Smith clearly
discloses therein, inter alia, a cover for a telephone network
interface wherein the cover is “free from apertures
communicating with the inside” of a base member, line
terminals, holes for plug cables, sockets, c-shaped portions
of the base member for receiving an elongated bar member, and
slots for printed circuit boards. Thus, as to these features,
we find that appellant had possession of, and disclosed, these
features as of July 5, 1984.
Accordingly, we find that Hampton, with a filing date of
March 17, 1986, is not a viable reference with regard to
claims 2, 6 and 30 because the limitations of these claims are
all disclosed in the design patent which has a filing date of
July 5, 1984 for which appellant is given priority under 35
U.S.C. § 120. More particularly, the design patent clearly
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