Appeal No. 2007-0111
Reexamination 90/006,297
1 Grouping of Claims
2 The patent owner states that claims 1-8, 16-21, and 29-52 should be
3 considered separately from claims 9-15 and 22-28. (Amended appeal brief at 12-
4 13.) Accordingly, for each contested rejection, we select claims 1 and 9 as
5 representative of the two groups of claims.
6
7 Vandenberg Raises a Substantial New Question of Patentability
8 Vandenberg issued on October 16, 1962. Thus, to avoid Vandenberg as a
9 §102(b) statutory bar, the patent owner must establish that the appealed claims are
10 entitled to an effective filing date prior to October 16, 1963. The relevant filing
11 dates for the series of applications pertinent to our discussion are tabulated as
12 follows:
‘687 Patent Vandenberg
Italian ‘227: Filed June 8, 1954
Italian ‘109: Filed July 27, 1954 Filed April 7, 1955
US ‘097: Filed June 8, 1955
US ‘840: Filed January 24, 1958 Issued October 16, 1962
US ‘699: Filed May 27, 1983
13
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