Appeal No. 2006-0132
Application No. 09/946,627
The phrase “known” has been interpreted to mean
publicly known. Public knowledge means that
the knowledge is sufficient to enable one with
ordinary skill in the art to which the
invention pertains to reduce the invention to
practice. Private knowledge is not part of the
prior art.
Thus, a public presentation at a conference, for example, can
constitute prior art within the meaning of section 102(a). See
Ecolochem, Inc. v. Southern California Edison Co., 227 F.3d 1361,
1369, 56 USPQ2d 1065, 1071 (Fed. Cir. 2000).
Similarly, in In re Hall, 781 F.2d 897, 898, 228 USPQ 453,
455 (Fed. Cir. 1986), our reviewing court stated that:
The [printed publication] bar is grounded on the
principle that once an invention is in the public
domain, it is no longer patentable by anyone....
Because there are many ways in which a reference
may be disseminated to the interested public, “public
accessibility” has been called the touchstone in
determining whether a reference constitutes a
“printed publication” bar under 35 U.S.C. 102(b).
As is apparent from the above precedents, public accessibility is
the key to determining whether the information in question is
“prior art” within the meaning of Section 102(a) or 102(b).
Public accessibility connotes public knowledge. Here, as
indicated supra, the technical paper in question referred to as
“Wanthal” was orally presented at the May 2000 International
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