Ex Parte McNamara et al - Page 2



               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.                                   


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