Appeal No. 2000-1759
Application No. 08/748,637
declaration under 37 CFR § 131 (Paper No. 13, filed May 20,
1998), "prior to September 29, 1983"). The examiner should make
a determination on the record as to whether or not the disclosure
in the declaration by Dr. Carson constitutes knowledge or use
which was accessible to the public and therefore would be
available as prior art under 35 U.S.C. §§ 102(a) or 102(b).
REVERSED & REMANDED
IRWIN CHARLES COHEN )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
NEAL E. ABRAMS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
CHARLES E. FRANKFORT )
Administrative Patent Judge )
CEF/LBG
1010
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