Appeal No. 1998-1898
Application 08/497,721
service through market trial will begin to billed for the
product" (emphasis in original). There is no indication in
Exhibit C that the price lists indicate an offer to sell the
service during the technical trial; the prices are
apparently prices that will be charged in the subsequent
market trial. The statement on page 4 indicates that the
service will be "on sale" in the market trial. However, the
market trials did not begin until July 5, 1994.
In regard to Exhibit F, the "U S WESTŪ FindMeK Service
Instruction Manual," dated "6/94," is evidently the "FindMe
Service user-guide" mentioned in Exhibit A, which was
distributed to users during the technical trial (Br7).
Nothing is known about the public availability or
confidentiality of this manual so as to be able to determine
whether it constitutes a § 102(b) "printed publication."
The manual provides details about the FindMe service that
are not found in the AIN News article. Appellants are
required to provide, for the record, a description of the
circumstances surrounding the public accessibility of
Exhibit F for evaluation by the Examiner. Our decision does
not address Exhibit F.
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