Appeal No. 2007-0111
Reexamination 90/006,297
1 USPQ2d at 1282. Also, in a case where there is a chain of applications, each
2 application in the chain leading back to the earlier application must comply with
3 the written description requirement of 35 U.S.C. § 112, ¶1. Lockwood, 107 F.3d at
4 1571, 41 USPQ2d at 1965-66.
5 As also discussed above, 35 U.S.C. § 119(a)8 requires that the relied upon
6 foreign patent application meet the requirements of 35 U.S.C. § 112, first
7 paragraph, as to the subject matter claimed in the later filed United States
8 application. Cf. In re Ziegler, 992 F.2d at 1200, 26 USPQ2d at 1603 (“A foreign
9 patent application must meet the requirements of 35 U.S.C. § 112, first paragraph
10 in order for a later filed United States application to be entitled to benefit of the
8 35 U.S.C. 119(a) states:
(a) An application for patent for an invention filed in this country by
any person who has...previously regularly filed an application for a
patent for the same invention in a foreign country which affords
similar privileges in the case of applications filed in the United States
or to citizens of the United States, or in a WTO member country, shall
have the same effect as the same application would have if filed in
this country on the date on which the application for patent for the
same invention was first filed in such foreign country, if the
application in this country is filed within twelve months from the
earliest date on which such foreign application was filed; but no
patent shall be granted on any application for patent for an invention
which had been patented or described in a printed publication in any
country more than one year before the date of the actual filing of the
application in this country, or which had been in public use or on sale
in this country more than one year prior to such filing.
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