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 - 5 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007