Appeal No. 2005-2512
Reexamination Control No. 90/006,431
2. RailMill IR
The last line of the last page (Bates No. S0016075) of this is document shows a
date of “7/2/96,” thereby establishing that this document was not published prior to
appellant’s filing date.
3. RailMill Tutorial
The cover page of this document reads:
Chapter 2
RailMill Tutorial
March 24, 1995
The other chapter or chapters of the source document are not part of the record.17 The
March 24, 1995, date is prior to appellant’s filing date. That this document was intended
for use by members of the interested public is apparent from the second page thereof
(S0059875), which explains: “This chapter provides a step-by-step process to get you
started using RailMill and to teach you the key steps involved before and in running a
RailMill simulation.” Furthermore, the “RailMill Installation” discussion at the same page
explains,” You should have set your path to access the RailMill and Arcadia executables
and have licenses to run them.” However, these facts are not sufficient to prima facie
establish that prior to appellant’s April 17, 1995, filing date, RailMill Tutorial was actually
“disseminated or otherwise made available to the extent that persons interested and
ordinarily skilled in the subject matter or art exercising reasonable diligence, can locate
17 At page S0059881, RailMill Tutorial refers to “the Arcadia chapter” without
giving the chapter number.
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