Appeal No. 1999-2281
Application No. 08/621,521
invention which is also disclosed in the first application.
Second, the second application must be copending with the
first application. Third, the second application must contain
a specific reference to the prior application in the
specification. Last, the second application must be filed by
an inventor or inventors named in the previously filed
application. See MPEP § 201.11.
In the present case, Hamilton is a common inventor
throughout the chain of applications. Thus, the fourth
condition for priority is met. In addition, each application
in the chain includes a specific reference in the
specification to the prior application in the chain as listed
in the USPTO electronic database. Accordingly, the third
condition for priority is met.
However, Application Serial No. 08/191,967 was filed
February 4, 1994, almost three months after November 6, 1993,
the date of abandonment of Application Serial No. 07/919,302,
the
application immediately prior to the '967 application in the
chain. Also, U.S. Patent No. 5,174,012 was filed December 12,
1991, almost four months after August 20, 1991, the issue date
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