Appeal 2006-3235
Reexamination Control No. 90/006,696
1 On September 23, 2003, the Examiner ordered reexamination of
2 Claims 1-11. Order Granting/Denying Request for Ex Parte Reexamination
3 (Paper No. 6).
4 In an Office action (“First Action”) dated June 3, 2004,12 the
5 Examiner indicated that claims 1-10 are allowable and rejected Claim 11 for
6 (1) anticipation by Aszodi under 35 U.S.C. § 102(b) and (2) anticipation by
7 Burgess/Tan under 35 U.S.C. § 102(a).
8 Seven weeks later, on July 28, 2004, the ‘857 patent, which issued on
9 July 28, 1987, with a seventeen-year term, expired.
10 On September 1, 2004, Appellant responded to the First Action by
11 submitting a “Declaration of the Patentee Under 37 C.F.R. § 1.132” (Paper
12 No. 11) and supporting declarations by Richard Yeager Moss II and Frank
13 Jung13 purporting to establish sole inventorship by Appellant of the subject
14 matter the Examiner relied on in Burgess/Tan and thereby remove it as prior
15 art.
16 In a December 21, 2004, final Office action (“Final Action”14), the
17 Examiner (at 8-9) withdrew the rejection based on Burgess/Tan in light of
18 the § 1.132 showing and repeated the rejection for anticipation by Aszodi.
19 Appellant responded on February 28, 2005, by filing declarations
20 under 37 C.F.R. § 1.132 by Kin Ping Lim (Br. Ex. F) and Frank Jung
11 David L. Burgess and Peng Tan, Improved Sensitivity for Hot Spot
Detection Using Liquid Crystals, 22nd Annual Proceedings of I.E.E.E.
Reliability Physics Symposium, 1984, pp. 119-21. Br. Ex. E.
12 Paper No. 7; Br. Ex. A.
13 Exhibits A and B to Appellant’s § 1.132 declaration.
14 Paper No. 16; Br. Ex. B.
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