Appeal No. 2006-0132
Application No. 09/946,627
SAMPE Symposium to at least forty to fifty people interested in
the art. Twenty copies of this paper (Wanthal) were also said to
be sold to those interested in the information therein. A
copyrighted date (2000) appears on the front page of the paper
(Wanthal), which indicates its publication status. Thus, we
concur with the examiner that Wanthal is prima facie available as
“prior art” within the meaning of sections 102(a) and 102(b).
See, e.g., Massachusetts Institute of Technology v. AB Fortia,
774 F.2d 1104, 1109, 227 USPQ 428, 432 (Fed. Cir. 1985) (A
technical paper presented at a conference to all persons
interested in the subject matter without restriction is held to
be a printed publication within the meaning of section 102(b)).
In reaching this determination, we consider the appellants’
arguments that both the oral presentation and the printed
document (Wanthal) were not publicly available or accessible due
to the restriction set forth in the front page of Wanthal, as
well as the credential requirement applied to those attending the
symposium. Specifically, we note the appellants’ reliance on the
specific provisions of the Export Regulations, the International
Traffic in Arms Regulation and the DOD Industrial Security
Regulation referred to in Wanthal and the SAMPE International
Policy and Practice. See the Reply Brief in its entirety. As
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