Appeal No. 2001-0238
Application No. 08/859,020
range of 750 nm to 10.7 microns, and each pulse has a pulse
duration of 100 picosecond or less. While the parent application
discloses various ranges or power structures for a pulsed laser,
we are unable to find the essential claimed features here. The
appellants have made no effort to point to support in the
specification for the claimed subject matter, and our efforts
have failed to find any support for the claimed invention.
Accordingly, we agree with the examiner that the subject matter
as claimed is entitled to a priority date of May 20, 1997.
Turning now to the declaration of Michael D. Perry, we note
that it illustrates pages from laboratory notebooks recording
measurements from experiments on December 11, 1993; December 12,
1993, January 8, 1994, January 11, 1994, and February 3, 1994.
See, e.g. Declaration of Perry, page 2, line 5 – page 3, line 8.
However, we note that none of this information is contained
within the parent application (or, for that matter, the instant
application). Furthermore, other than the statement that there
were “extensive discussions” which led to “later work” which
formed the basis for the parent application, there is no evidence
whatsoever of due diligence to the filing date of the
application, as required by 37 CFR § 1.131(b). Consequently, even
were we to find the earlier filing date, the declaration would be
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