Appeal No. 1997-3805
Application No. 08/439,602
in the parent application), the dispositive question is whether or not the second prong of
the test has been satisfied; that is, whether or not the PTO controlled the rate of
prosecution to cause the species claims to issue before the genus claims.
The actions taken by the PTO and by appellant are set forth in chronological order
in the following table and distinguished by different type fonts and columns:
8
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