Appeal 2006-3252
Application 09/536,728
1 A translation into English of Stähle EP 0 012 822 (which is written in
2 German) appears in the record. As noted earlier, however, the rejection
3 based on Stähle EP 0 012 822 is moot.
4 All four prior art references are prior art under 35 U.S.C. § 102(b).
5 We also cite the following patent.
6
7 Name Patent Number Issue Date
8 Esser US 6,268,389 B1 31 Jul. 2001
9
10 As noted earlier, the Esser patent is the patent which matured from the
11 application upon which the Examiner previously had based a provisional
12 double patenting rejection.
13
14 B. Record on appeal
15 In deciding this appeal, we have considered only the following
16 documents:
17 1. Specification, including original claims (there are no
18 drawings).
19 2. Patent Application Publication US 2002/0040150 A1,
20 published 04 April 2002 (a publication of the Specification).
21 3. A rejection entered 25 March 2003 (Non-Final Office
22 Action).
23 4. The Appeal Brief filed 27 January 2004.
24 5. The Examiner’s Answer entered 09 April 2004.
25 6. The Reply Brief filed 22 April 2004.
5
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