Appeal 2007-1502
Application 09/929,260
III. FINDINGS OF FACT
1. The Publication names the following inventors: Benjamin Mandler,
Yoelle Maarek-Smadja, Alain Azagury, and Michael Factor.
2. All of these inventors declare, "Mandler was the sole inventor of all
the subject matter that was cited by Examiner in Fig. 8 and in claims 19, 20,
22 and 23 of the Publication." (Decl. B ¶ 2.)
3. Mandler and Roman Talyansky ("Talyansky") are the applicants for
U.S. Patent Application No. 09/929,260, the application from which the
instant appeal arises.
4. Both of these Applicants declare, "Mandler was the sole inventor of
claims 67, 68, 76-80 and 88-90 in the aforesaid Application." (Decl. C ¶ 2.)
IV. ANALYSIS
The aforementioned Declarations establish that Mandler invented both
the subject matter of claims 67, 68, 76-80, and 88-90 and the relied-on
disclosure of the Publication. We are unpersuaded by the Examiner's
allegation that because "Talyansky claimed inventorship on dependent
claims that incorporate the subject matter of independent claims, his
contribution to the independent claims cannot be fully ruled out." (Answer
7.) Talyansky unequivocally avers that Mandler was the sole inventor of the
claims on appeal. (FOF 4.) That Talyansky and Mandler jointly invented
4
Page: Previous 1 2 3 4 5 Next
Last modified: September 9, 2013