Appeal No. 2006-3019
Application No. 09/735,586
prior to December 7, 1994 coupled with due diligence in
the reduction to practice continuing to the date of
filing of the application.
The current application is a continuation of U.S.
application number 08/398,862 filed on March 6, 1995.
The ‘862 application matured into U.S. Patent No.
6,200,216, dated March 13, 2001. In the Office Action
of February 3, 2003, the Examiner in the instant
application rejected the claims under the judicially
created doctrine of non-statutory double patenting. A
terminal disclaimer was filed on August 12, 2003.
The Examiner has raised three issues with respect
to the Appellant’s declaration under § 1.131: First, it
is not specific to the application at hand; Second,
there is insufficient evidence of conception to support
the limitations of the claims; and Third, the
declaration does not present sufficient evidence of
due diligence over the required period.
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