Ex Parte Srinivasan et al - Page 3

                Appeal 2007-0512                                                                             
                Application 10/310,744                                                                       
                      Some of the procedural history of the prosecution of the application                   
                provides helpful context for the issues in this appeal.  The application on                  
                appeal was filed on 5 December 2002, as a division of original application                   
                09/190,373, which was filed on 12 November 1998, and which had been                          
                allowed.  On 26 August 2003, U.S. Patent 6,610,159 B2 ("Henegar") was                        
                issued to Jeffrey W. Henegar and assigned to BFS Diversified Products,                       
                LLC, based on an application filed 27 July 2001.  On 17 September 1993,                      
                Appellants filed a preliminary amendment adding claims 25-37, drawn to                       
                apparatuses; Appellants also filed a petition to make the application special,               
                for rapid processing, alleging commercial sales of devices that would                        
                infringe the apparatus claims.  In due course, the Examiner issued an action                 
                on the merits (20 November 2003, "FAOM"), in which, inter alia, the                          
                potential of an interference with Henegar was noted, due to apparently                       
                copied claims (FAOM at 3 and 9); and rejections for lack of written                          
                description and for anticipation under 35 U.S.C. § 102(e) over U.S. Patent                   
                5,935,357 to Michael J. Hubbard and John Jordan ("Hubbard") were entered.                    
                Although the claims have been amended since, the basic issues on appeal                      
                were joined at that time.  Further prosecution eventually led to the present                 
                appeal.                                                                                      

                      B. FINDINGS OF FACT                                                                    
                      The following findings of fact3 and any set out in the                                 
                Discussion are supported by a preponderance of the evidence of record.                       



                                                                                                            
                3 Any conclusions of law should be treated as such.                                          

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