Ex Parte Rajamony et al - Page 5

                Appeal 2007-1268                                                                              
                Application 10/177,845                                                                        
                 4. In a response under 37 C.F.R. § 1.116 filed June 27, 2006 ("Section                       
                      116 Amendment"), Appellants provided a summary of a telephone                           
                      interview with the Examiner that had been conducted on June 23,                         
                      2006 and argued that Ohkado was disqualified as a reference by                          
                      35 U.S.C. § 103(c).  (Section 116 Amendment 2.)  Appellants filed a                     
                      declaration under 37 C.F.R. § 1.132 ("Section 132 Declaration") with                    
                      the Section 116 Amendment.                                                              

                 5. The Section 132 Declaration recited that:  (1) Ohkado had been                            
                      asserted as prior art under 35 U.S.C. § 102(e) in the Non-Final Office                  
                      Action; (2) Ohkado was assigned to International Business Machines,                     
                      the assignee of the present application; (3) the inventive entity of                    
                      Ohkado is distinct from the present inventive entity; and (4) the                       
                      present application was filed after the critical deadline of November                   
                      29, 1999.  (Section 132 Declaration 1-2.)  Therefore, the Section 132                   
                      Declaration asserted that Ohkado was disqualified as a reference                        
                      under 35 U.S.C. § 103(a) by 35 U.S.C. § 103(c).  (Section 132                           
                      Declaration 2.)                                                                         

                 6. The Section 132 Declaration did not address the qualification of                          
                      Ohkado as prior art under 35 U.S.C. § 102(a).  (Section 132                             
                      Declaration passim.)                                                                    

                 7. In an advisory action mailed July 20, 2006 ("Advisory Action"), the                       
                      Examiner refused to enter the Section 116 Amendment.  The                               
                      Advisory Action stated that the application was not in condition for                    

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