Appeal No. 2006-1530 Παγε 2
Application No. 10/221,959
The sole prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Pitfield et al. (Pitfield) WO 99/30676 Jun. 24, 19991
(published international application No. PCT/EP98/07903)
1 The examiner’s references to Pitfield are to U.S. Patent No. 6,572,663, which
issued from the U.S. national stage (U.S. Appl. No. 09/581,394) of international
application No. PCT/EP98/07903. That U.S. Patent was employed by the examiner as
an English language translation of the disclosure of the World Intellectual Property
Organization (WIPO) publication of that international application No. PCT/EP98/07903.
We note that an English language translation of the international application publication
No. WO 99/30676, by FLS, Inc., is also of record. However, appellant has not objected
to the examiner’s use of the U.S. Patent No. 6,572,663 as an English language
translation (equivalent disclosure) of the published international application reference.
Accordingly, in this decision, we shall also employ U.S. Patent No. 6,572,663 as an
English language equivalent disclosure/translation of the published international
application disclosure of Pitfield, the WIPO publication reference relied upon by the
examiner in rejecting the claims.
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