Appeal No. 1997-2528
Application No. 07/810,908
determination. The effective filing date of the present application would appear to be
February 11, 1987. Clavel has a publication date of July 18, 1986, which is within one
year of the February 11, 1987 filing date of the present application. Thus, it would
appear that if Clavel was to be prior art to the present application it would qualify as
prior art under 35 U.S.C. § 102(a) and not § 102(b). Appellants previously put forth
argument suggesting that Clavel was not prior art to the claimed invention and the
examiner withdrew the rejection.
Clavel is prior art to the present application only if appellants cannot claim the
benefit of the filing date under § 120 of application Serial No. 06/835,228 (now U.S.
Patent No. 4,839,288). Although we have been unable to obtain the original file for
Serial No. 06/835,228, we have assumed that the disclosure of the issued patent is
consistent with the disclosure of Serial No. 06/835,228 as originally filed.
Claim 44
Thus claim 442 on appeal is directed to:
2 We acknowledge the examiner's indication of the entry of amendments with
respect to the claims on appeal in paper no. 22. Appellants provide an accurate
presentation of the claims on appeal in the appendix to paper no. 21.
7
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