The US application was filed on October 8, 2008 and claimed foreign priority to a German application filed on October 22, 2007.
The Examiner cites WIPO Publication No. WO/2006/136201 (i.e., PCT/EP2005/010348) -- published on December 28, 2006 and filed on September 25, 2005 -- to reject my application.
The WIPO document was published in a foreign language, so 102(e) is out of the question.
Since the WIPO document is in another language, can the examiner still use it under 102(a) or (b)?