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Monday, November 30, 2015

borkowski

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REVERSED
Tech Center 2600 Communications
2683 Ex Parte Ramsay et al 12615831 - (D) WHITEHEAD JR. 103 Kilpatrick Townsend and Stockton, LLP ZIMMERMAN, BRIAN A

In order to antedate a reference, an affidavit or declaration and exhibits must clearly explain which facts or data applicant is relying on to show completion of his or her invention prior to the particular date. Vague and general statements in broad terms about what the exhibits describe along with a general assertion that the exhibits describe a reduction to practice “amounts essentially to mere pleading, unsupported by proof or a showing of facts” and, thus, does not satisfy the requirements of 37 C.F.R. § 1.131(b). Applicant must give a clear explanation of the exhibits pointing out exactly what facts are established and relied on by applicant. In re Borkowski, 505 F.2d 713, 718–19 (CCPA 1974). 

AFFIRMED
Tech Center 1700 Chemical & Materials Engineering
1747 Ex Parte Gordon et al 12660559 - (D) KRATZ 103 Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. DYE, ROBERT C

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