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 4Page: Previous 1 2 3 4 5 Next
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