Appeal No. 2001-2199 Page 4
Application No. 08/754,462
Corporation Invention Disclosure (Attachment A of the Janousek declaration) sets forth
3
most of the details of the claimed invention. Pages 5 and 6 of the Certainteed
Corporation Invention Disclosure contain copies of seven photographs showing a
4
completed package assembly. Page 4 of the Certainteed Corporation Invention
Disclosure sets forth that the invention has been tested and that three pallets (i.e., package
assemblies) were sent to PAC-FAB. Lastly, paragraph 10 of the Janousek declaration
states that the reduction to practice occurred in the United States. From this evidence, it is
our view that the Janousek declaration establishes a reduction to practice of the claimed
invention in the United States prior to the effective date of PPG '913 (i.e., September 2,
1993).
The examiner considered the Janousek declaration to be ineffective for two
reasons (answer, pp. 3-4). The first reason was because PPG '913 was "successfully
tested in July 1993 by Paul E. Sowa from SIGNODE PACKAGING SYSTEMS (see the
5
report)." However, the rejections under 35 U.S.C. § 103 are based on the PPG '913
reference which is dated September 2, 1993, not the report from Paul E. Sowa or the
This page does not appear to include the claimed securing means.3
These photographs appear to include the claimed securing means.4
The report was cited by the examiner on page 2 of the Notice of References Cited in Paper No.5
25, mailed March 16, 1999.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007