Appeal 2007-1335
Application 10/449,558
For the foregoing reasons, we conclude that the Pinchuk patent cannot
be antedated under Rule 1.131 by the constructive reduction to practice of
the claimed invention in the previously filed ‘115 Application, co-pending
with the instant application but not entitled to its benefit under 35 U.S.C.
§ 120. We affirm the rejection of claims 7-11, 13-16, 19-22, 26, and 30-34.
TIME PERIOD
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2006).
AFFIRMED
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WOOD, PHILLIPS, KATZ, CLARK & MORTIMER
500 W. MADISON STREET
SUITE 3800
CHICAGO IL 60661
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