Appeal No. 2000-0872
Application No. 08/852,119
be sufficient evidence of conception prior to May 14, 1993 and
due diligence up to the filing of the application on May 18,
1993. Accordingly, we must reverse the rejections under
35 U.S.C. §§ 102(e) and 103, as the Ross patents no longer
qualify as prior art against appellant.
CONCLUSION
The decision of the examiner rejecting claims 1 through 21,
23 through 35, 37 through 41, 43 through 47, and 49 under
35 U.S.C. § 102(e) and claims 36, 42, and 48 under 35 U.S.C.
§ 103 is reversed.
REVERSED
JAMES D. THOMAS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
LEE E. BARRETT ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
ANITA PELLMAN GROSS )
Administrative Patent Judge )
APG:clm
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