Appeal No. 1999-2649
Application 08/483,291
(Feb. 2000); see, e.g., In re Scheiber, 587 F.2d 59, 199 USPQ
782, (CCPA 1978). Here, appellant asserts at page 31 of the
brief, and the examiner does not disagree, that the effective
filing date of the claims on appeal is October 14, 1983, a 5
date well prior to the February 15, 1991, (effective) filing
date of the Middleman patent. Since Middleman does not meet
the § 102(e)/ § 103 prerequisite of having an earlier
effective filing date it does not qualify as prior art under
those sections of the statute, regardless of the fact that
Middleman and the present application have a common assignee
and different inventive entities, as noted by the examiner on
page 11 of the answer.
5The filing date of application 06/541,852, the first in
the chain of applications resulting in the present case.
11
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007