Appeal 2007-2399
Application 10/896,417
specific reference to the earlier filed application. No application
shall be entitled to the benefit of an earlier filed application
under this section unless an amendment containing the specific
reference to the earlier filed application is submitted at such
time during the pendency of the application as required by the
Director.
Here, Appellant asserts that his application is entitled to the benefit of
the filing date of earlier filed applications – U.S. Ser. No. 08/002,014, filed
Jan. 8, 1993, now Reinert ‘362, and U.S. Ser. No. 08/058,356, filed May 10,
1993, now Reinert ‘201 – but the application does not contain a specific
reference to the earlier filed applications as required under 35 U.S.C. § 120.
Because the instant application has not satisfied the statutory requirement of
35 U.S.C. § 120, it does not get benefit of the filing dates of the earlier filed
applications, which are therefore properly cited as prior art in this
proceeding.
Although the instant application has not been amended in accordance
with 35 U.S.C. § 120, Appellant argues the application is entitled to the
benefit of the earlier filed applications because “[a] chain of claim of
entitlement under 35 USC 120 to the benefit of the earlier application further
exists from . . . U.S. Patent 6,572,240 [which is specifically referenced in the
instant application] back to” Reinert ‘362 and Reinert ‘201 (Br. 11). The so-
called “chain” consists of a series of U.S. Patents, each claiming priority,
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