Ex parte CLOKE - Page 9




                 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.                                                                                             


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