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 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: September 9, 2013