Appeal No. 1999-2064 Page 4
Application No. 08/619,853
3. The file record of parent Application No. 07/817,894
indicates that a Declaration under 37 CFR § 1.132 of Jimmy Ray
Kendrick was executed on April 8, 1993 and filed on April 13,
1993 (Paper No. 13). This declaration avers that "[p]rior to
July 12, 1991, I actually reduced the invention of claim 1 of
the above-identified application to practice in the United
States, by making actual operable specimens thereof."
4. The file record of parent Application No. 07/817,894
indicates that in the Advisory Action of November 2, 1993
(Paper No. 18) the examiner stated that the declaration was
not effective for two reasons. First, the portion of 37 CFR
which controls swearing back of a reference is 37 CFR § 1.131,
not
37 CFR § 1.132. Second, the Mowry patent is clearly claiming
the same invention as the appellant is claiming. The examiner
then stated that "neither 37 CFR 1.131 or 37 CFR 1.132 are
available to the Applicant regarding this rejection."
5. The file record of parent Application No. 07/817,894
indicates that in the Office action of February 10, 1997
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