Appeal No. 1999-2728 Page 5
Application No. 08/423,963
(Richards).3 With regard to Ogiu, we direct the examiner’s
attention to the suturing thread 9 and cylindrical stop 7, for
example. The surgical fastener of Richards, comprising filament
10 and head 15, discussed on pages 5-11 and illustrated in
Figures 1-6, appears pertinent to appellant’s claimed invention.
3 These references were cited by appellant in Paper No. 9 and copies are
of record in the application file. The publication date of Richards is March
12, 1987, subsequent to the filing dates of the earliest three applications in
the continuity chain of the instant application. It thus follows that any
determination as to the patentability of the claims over Richards involves a
determination as to the effective filing date to which any such claim is
entitled under 35 U.S.C. § 120.
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