Appeal No. 2000-0379 Application No. 08/815,352 USPQ at 277), the court ascribes no importance to this fact. 2 Nor has the court required a patentee to submit a § 1.132 affidavit or declaration disclaiming the subject matter at issue. See DeBaun, 687 F.2d at 461 n.4, 214 USPQ at 934 n.4 (holding that a disclaiming affidavit by coinventor Noll of reference patent to DeBaun and Noll is not required). Cf. Katz, 687 F.2d at 455, 215 USPQ at 18 ("The board and the examiner held that 'disclaiming affidavits or declarations by the other authors are required to support appellant's position that he is, in fact, the sole inventor of the subject matter described in the article and claimed herein.' This was clear error. Submission of such affidavits or declarations would have ended the inquiry, but we do not agree that they are required by the statute or Rule 132. What is required is a 2While DeBaun notes that Air Monitor Corporation is the assignee of the DeBaun application and was the employer of Noll, who is named as a coinventor along with DeBaun in the reference patent (687 F.2d 461 & n.4; 214 USPQ at 934 & n.4), the court does not indicate that the patent is assigned to Air Monitor Corp. Carreira does not indicate whether the application or reference patent, which have overlapping inventive entities, are commonly assigned. -9-Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007