Appeal No. 1997-3342
Application No. 08/389,086
on page 42 of Exhibit A prior to May 27, 1993, the effective
date of the Vandemoortele reference. We do not agree. The
affidavit unequivocally states at paragraph 2 that “[p]rior to
May 27, 1993, I had completed my invention as described and
claimed in the subject application in this country.” The
affidavit also states at paragraph 2b that “[t]he product
depicted in the laboratory notebook was made and tested prior
to May 27, 1993.” In support thereof, the affidavit is
accompanied by Exhibit A, a copy of pages 41 through 43 of
affiant’s laboratory notebook. Notebook page 42 contains a5
drawing in the upper right-hand corner of a diaper having “Z
fold at ends.” Immediately below this drawing is an end view
of the product showing the Z fold and the words “Z fold in
cuffs glued in place.” Page 43 of Exhibit A includes an entry
noting that
Ed Carlin and Dan Falcone modified some [illegible]
IBC Trimfit product to see how this cuff design
would work on [date redacted]. The cuff looked good
on the diaper so on [date redacted], we made one at
[illegible] (me & Jim Gajewski for his packet
orientation). Jim then tried it on his daughter
As permitted by Office procedure, appellant has removed the dates on5
the notebook pages in Exhibit A. See Manual of Patent Examining Procedure
(MPEP) § 715.07 (7th ed., Jul. 1998).
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