Ex parte HENNINGSON et al. - Page 5




          Appeal No. 1998-1898                                                        
          Application 08/497,721                                                      

          687 F.2d 450, 454, 215 USPQ 14, 17 (CCPA 1982) ("But                        
          certainly one's own invention, whatever the form of                         
          disclosure to the public, may not be prior art against                      
          oneself, absent a statutory bar."  [Emphasis in original.]                  
          (Citing In re Facius, 408 F.2d 1396, 1406, 161 USPQ 294, 302                
          (CCPA 1969).)).  Furthermore, § 102(a) does not relate to                   
          "public use or on sale."  Accordingly, § 102(a) is not a                    
          proper statutory basis for rejection in this case and the                   
          Examiner's rejection, to the extent it relies on § 102(a),                  
          is reversed.                                                                
               The AIN News article, which was published before the                   
          critical date, indicates that a "FindMe" service, which                     
          provides "alternate location forwarding (three possible                     
          locations) . . .," and a "Scheduled Forwarding" service,                    
          which "provides time-of-day/day-of-week routing . . ." are                  
          scheduled for trial.  The AIN News article quotes Mr.                       
          Henningson, one of the co-inventors on this application, as                 
          stating that U.S. West is "getting into the marketplace" and                
          is "offering the services now."  The AIN News article                       
          provides no details of how these two services would work and                
          the Examiner has not attempted to reject the claims on the                  

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