Appeal No. 1997-2242 Page 9
Application No. 08/084,370
We note that the Chen article is a “survey” article which
discusses a number of published papers. The published papers
of Reddy and Chandy (Chandy) and Gibson, referred to in the
Chen article have publication dates prior to appellant’s
filing date. If the examiner intends to rely upon the Chandy
and Gibson papers, the examiner should rely upon the actual
papers in order to establish publication dates for these
papers that are prior to appellant’s filing date. In
addition, the examiner should rely upon the actual papers of
Chandy and Gibson to clearly establish the precise portions of
the Chen article that are attributed to each of Chandy and
Gibson. Appellant (reply brief, page 5) questions the
examiner’s findings of teachings attributed to the Chandy
paper, stating “[i]f it is assumed that the examiner intends
to attribute the expanded concept of parity sparing entirely
to the earlier Chandy reference, then such attribution is
misplaced.”
In addition, the examiner (answer, pages 8 and 10)
attributes the following quote in the Chen article to Gibson:
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