Appeal 2007-3373
Application 10/477,363
1 A. Statement of the case
2 John James McNamara, Mervin Gale Wood and Ying Dong (hereafter
3 "Ciba") seek review under 35 U.S.C. § 134(a) of a rejection of claims 2 and
4 4-11, the only claims remaining in the application on appeal.
5 We have jurisdiction under 35 U.S.C. § 6(b).
6 The application on appeal was filed on 12 November 2003.
7 Ciba claims benefit of an earlier filing date based on (1) PCT
8 application PCT/EP02/05195, filed 10 May 2002 and (2) provisional
9 application 60/291,346, filed 17 May 2001.
10 The real party in interest is Ciba Specialty Chemicals Corp. ("Ciba").
11 The Examiner rejected all of the claims under 35 U.S.C. § 102(b) as
12 anticipated by a U.S. patent issued to Ellen Marleen M. de Brahander-van
13 den Berg ("Berg") (The reader should know that no references to et al. are
14 made in this opinion.)
15 The following prior art was relied upon by the Examiner.
16
17 Name Patent Number Issue Date
18 Berg US 5,998,565 07 Dec. 1999
19
20 Berg is prior art under 35 U.S.C. § 102(b).
21
22 B. Record on appeal
23 In deciding this appeal, we have considered only the following
24 documents:
25 1. Specification, including original claims.
2
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