Appeal No. 2006-3019
Application No. 09/735,586
and the Appellant are proffered herewith as guidance.
We have studied in detail the “Declaration of
Counsel – Michael A. Glenn” and the “Declaration under
37 CFR § 1.131 – Tyler Peppel” submitted in the file of
Application S.N. 08/398,862 (copies of the declarations
are attached to Appellant’s Brief) and have reviewed
the chronology of listed events with respect to the
critical period prior to December 7, 1994 to the filing
of the parent application on March 6, 1995. We find
that certain acts are listed that took place within the
critical period, which are substantiated by exhibits.
However, the document includes neither a recitation of
the span of the activities nor the evidence of
continued work that would establish due diligence as
required by the case law. The Examiner mentioned two
potential lapses: between December 2, 1994 and January
4, 1995, and then from January 4, 1995 to January 22,
1995. We are not unmindful that a holiday season
happened to fall in this critical period, but the
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