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[john122]

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)?

[mk1023]

It's a 102(b) reference. It not being in English is not a problem. See http://www.uspto.gov/web/offices/pac/mpep/documents/0700_706_02.htm section II.

[john122]

Yea, that's what I figured.  I was hoping that there were some subtle rules that I didn't know.  Thanks anyway.