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Jason Paul DeMont
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I am appealing In re Yamaguchi at the CAFC, and taking the positions that: (1) a provisional application has an effective date as a reference under 102(e) not as its filing date, but either (i) as of the filing date of the non-provisional if the provisional is incorporated by reference, or (ii) as of the publication or issue date of the non-provisional if the provisional is not incorporated by reference. (2) if only the provisional has an effective date before my claim, that the PTO must compare the provisional to my claim --- not the non-provisional and then "assert" that the limitations are "supported" by the non-provisional. In other words, if the provisional date beats my date, assert the provisional against me -- not the non-provisional. If you would like to help me with this appeal or if you would like to file an Amicus brief, please call me at my office - 732-578-0103 x211. Jason Paul DeMont, Patent Attorney & Member DeMont & Breyer, LLC jpdemont@dblaw.com
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