Appeal 2007-2863
Application 10/934,507
1 A. Statement of the case
2 Appellants (1) Joichi Saito and (2) Hitoshi Shimoma (hereafter
3 "Asahi Glass"—the reader should know that no references to et al. are made
4 in this opinion) seek review under 35 U.S.C. § 134(a) of a final rejection of
5 claims 1-16.
6 Claim 17 also appears in the application on appeal, but is objected to
7 as depending from a rejected claim.
8 We have jurisdiction under 35 U.S.C. § 6(b).
9 The application on appeal was filed on 07 September 2004.
10 Saito claims benefit of an earlier filing date based on (1) PCT
11 application PCT/JP03/02592, filed 05 March 2003, and (2) Japanese patent
12 application 2002-062211, filed 07 March 2002.
13 The real party in interest is Asahi Glass Co., Ltd.
14 The Examiner rejected claims 1-16 under 35 U.S.C. § 102(b) as being
15 anticipated by, alternatively as being unpatentable under 35 U.S.C. § 103(a)
16 over PCT Publication WO 00/55230 (Saito (WO)).
17 The following evidence was relied upon by the Examiner.
18
19 Name Patent Number Issue Date
20 Saito (WO) WO 00/55230 21 Sep. 2000
21 Saito 6,503,997 B1 07 Jan. 2003
22 Saito (WO) is prior art under 35 U.S.C. § 102(b).
23 Saito is written in Japanese.
24 Asahi Glass and the Examiner have treated Saito as an English
25 language equivalent of Saito (WO).
2
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