Appeal No. 2006-1279 Application No. 10/249,005 applications relied upon to give prior art effect under 35 U.S.C. § 102(e) to references applied in rejections. In a notice published in the USPTO's Official Gazette on Nov. 23, 2004, Stephen G. Kunin, then-Deputy Commissioner for Patent Examination Policy, stated the following: Due to the recent enhancement to Public PAIR, the Office has ended the transitional practice of supplying with Office actions a copy of any provisional application relied upon to give prior art effect under 35 U.S.C. 102(e) to a reference applied in a rejection. The purpose of the transitional practice, which began in December of 2003, was to make it easier for applicants to see the contents of such provisional applications. Now that such provisional applications can be viewed and/or printed using the Public PAIR website, the transitional practice is no longer needed. See "Most Publicly Available Provisional Applications Can Now be Viewed Over the Internet," 1288 Off. Gaz. Pat. Office 169 (Nov. 23, 2004). For U.S. patents that properly claim benefit under 35 U.S.C. § 119(e) to a provisional application, the critical reference 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007