Appeal 2007-2532
Application 10/608,791
changes that strictly involve the motion of electrons in the forming and
breaking of chemical bonds." Gold, entry on Chemical Reaction.
The Rejections and the Counterarguments
Stasiak
22. The Examiner finds that Stasiak5, in paragraphs 19 and 23, teaches
memories having organic polymers having at least two detectable memory
states between overlapping conductive signal lines, transitions between the
states arising from changes in chemical bonds and changes in organic
polymer doping. (Answer at 4–5.)
23. Jackson argues that the 131 Declaration removes Stasiak as prior art,
and that Stasiak "falls far short of teaching a memory element in which
transitions between detectable memory states arise from changes in chemical
bonds or organic-polymer doping." (Br. at 11.)
24. Jackson argues first that Stasiak is not prior art and that the Examiner
erred in declining to give significant weight to a declaration filed under
37 C.F.R. § 1.131 on 20 July 2005 ("Declaration") to demonstrate invention
prior to Stasiak's filing date.
25. Jackson's Declaration reads in full:
We hereby provide Documentation and Research Results,
which establish conception of the invention claimed in
claims 1–32 of the above-identified patent application and a
reduction to practice of an embodiment of the invention prior to
the filing date of the cited reference, Stasiak, Publication
No. US 2003/0230746, Pub. Date December 18, 2003, filed
June 14, 2002.
(131 Declaration at 1.)
5 James Stasiak, U.S. 2003/0,230,746 A1, published 18 December 2003,
based on application 10/71,738, filed 14 June 2002.
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