Appeal No. 1998-1898
Application 08/497,721
The Examiner states that Exhibit B establishes "public
use" and "on sale" activity because: "The bottom of page 1
of Exhibit B refers to the customer cooperation 'with USWCI
in its PAS market research.' On line 4 of page 2, reference
is made to a 'Market Trial and/or an offering into the
market place." Customer cooperation with market research
does not indicate commercialization during the technical
trial period. As to the statement on page 2, the complete
sentence on lines 1-4 states: "USWCI will provide PAS to
Customer with the intent of testing and evaluating the
technical feasibility, technology, operational effectiveness
of PAS prior to placing PAS in a Market Trial and/or an
offering into the market place." This indicates the purpose
of the technical trial is technical experimentation and is
to be followed at some later date by a market trial, not
that the purpose is for marketing.
The Examiner states that Exhibit C establishes "public
use" and "on sale" activity because of (1) the price lists
and list of "EXTERNAL CUSTOMERS" more than one year before
the filing date; and (2) "page 4 of Exhibit C discloses that
'any technical trial subscriber who continues with the
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