Appeal Number: 2007-0064
Application Number: 09/696,458
THE INVENTION
The appellant claims a vehicle dashboard bezel and a method for using it to
add an instrument to a vehicle. Claim 33 is illustrative:
33. An after-market dashboard bezel, comprising:
a body configured to be mounted in a bezel mounting space defined
between a dashboard housing and an instrument cluster assembly of a vehicle;
and
an instrument mount secured to said body.
THE REFERENCE
Auto Meter Gauge Works flyer, “New for ‘99” (Auto Meter Products, Inc.,
undated).
THE REJECTION
Claims 26-44 and 52-61 stand rejected under 35 U.S.C. § 102(a) as being
anticipated by the Auto Meter flyer.
OPINION
We reverse the aforementioned rejection.
35 U.S.C. § 102 states, in relevant part:
A person shall be entitled to a patent unless –
(a) the invention was … patented or described in a printed publication
in this or a foreign country, before the invention thereof by the applicant for
patent….
The appellant argues that the examiner has not established that the Auto
Meter flyer met the requirements of a printed publication prior to the appellant’s
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