Appeal No. 1997-2246
Application 08/353,572
filed on July 22, 1996. In that submission, the appellants no
longer claims entitlement to priority of applications filed
prior to May 25, 1990. That concession, evidently, is what
overcame the examiner’s previous objection to the claim
concerning priority.
The examiner’s supplemental answer on page 4 indicates the
same:
In response to “point two” of appellant’s reply
brief, it is respectfully submitted that the
Advisory action dated 9-4-96 did not in any way
state or suggest that appellant was entitled to a
filing data of
11-27-85. The advisory action stated that the after
final amendment submitted on 7-26-96 overcame the
objections to the specification and declaration
regarding proper listing of the parent applications
to which appellant is entitled an effective filing
date. The advisory action did not agree to an
effective filing date of 11-27-85, and the examiner
could not have agreed to the 1985 date because
appellant has not shown copendency with common
inventors to the 1985 date
and because the After final amendment submitted 7-
22-96 includes a claim for priority extending only
to
5-25-90. It appears that there may have been some
confusion between this amendment and an earlier
amendment after final filed 6-26-96 which argues an
earlier date, but was not deemed persuasive and
therefore was not entered.
A review of the official file reflects that the response
dated June 26, 1996 (Paper No. 6), in which the appellants
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