Appeal 2007-0691
Application 10/465,423
1 The application on appeal was filed on 19 June 2003 and was
2 published as 2004/00338835 A1 on 26 February 2004. Since the pages of
3 the specification in the PTO's IFW (image file wrapper) are not numbered,
4 reference to the specification in this opinion will be to the specification as
5 published.
6 Appellants (hereafter Ciba) claim benefit of an earlier filing date
7 based on Provisional Application 60/401,299, filed 06 August 2002.
8 The real party in interest is Ciba Specialty Chemicals.
9 The Examiner rejected all of the claims under 35 U.S.C. § 103(a) as
10 being unpatentable over any one of (1) Phillips, (2) Chasan, or (3) Reyer-
11 Gavilan. (The reader should know that no references to et al. are made in
12 this opinion.)
13 The following prior art was relied upon by the Examiner.
14
15 Name Patent Number Issue Date
16 Phillips US 4,734,209 29 Mar 1988
17 Chasan US 5,580,482 03 Dec 1996
18 Reyes-Gavilan US 6,410,490 B1 25 Jun 2002
19
20 Phillips and Chasan are prior art under 35 U.S.C. § 102(b).
21 Reyes-Gavilan is prior art under 35 U.S.C. § 102(e) having been filed
22 on 18 May 2000, which is prior to Ciba's earliest possible filing date of
23 06 August 2002 and under 35 U.S.C. § 102(a) having issued less than one
24 year prior to Ciba's filing date of 19 June 2003.
25 In this appeal, Ciba has not attempted to antedate Reyes-Gavilan.
26 Accordingly, for the purpose of this appeal, Reyes-Gavilan is prior art.
2
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