Appeal No. 2006-0612
Application No. 09/810,956
and 42 under 35 U.S.C. § 102(b) and 35 U.S.C. § 103(a) as
anticipated by and unpatentable over the disclosure of
JP 11-06083 naming “Idemitsu Petrochem Co. LTD” as Applicant. To
substantiate these rejections, the examiner refers to a
translation generated by computer.
In order to properly review the above-mentioned rejections, it
is of the utmost importance to have an English translation that
accurately reflects the original Japanese patent document. Without
such a translation, we cannot determine whether the underlying
evidence supports the rejections of record. However, the computer
generated translation of record falls short for at least two
reasons. First, it is not clear whether the temperatures described
at page 6 of the translation are seal initiation temperatures or
DSC melting point temperatures. Without the proper translation of
these temperatures, we cannot determine the applicability of the
In re Best and/or In re Spada theories relied upon by the examiner
at pages 3 and 4 of the Answer. Second, it is not clear whether
the computer-generated translation of record accurately reflects
the disclosure of the original Japanese document relied upon by the
examiner. Indeed, the Japanese Patent Office, which appears to be
the source of this translation, stated that it “is not responsible
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