Ex parte ELSON - Page 2




          Appeal No. 98-0532                                                          
          Application 07/996,382                                                      


               This is an appeal from the decision of the examiner                    
          finally rejecting claims 37 through 56 of this reissue                      
          continuation application.  These constitute all of the claims               
          remaining of record.                                                        
               The appellant's invention is directed to a refrigeration               
          compressor.  The claims before us on appeal can be found in an              
          appendix to the appellant’s Brief.                                          
                                     BACKGROUND                                       
               The appellant filed a patent application on June 8, 1988,              
          which issued as U.S. Patent No. 4,895,496 on January 23, 1990.              
          Exactly two years later, on January 23, 1992, the appellant                 
          filed a reissue application which contained broadened claims.               
          Notice of allowance of this reissue application was mailed on               
          September 24, 1992, and it issued on June 29, 1993 as RE                    
          34,297.  According to the appellant, on December 14, 1992, it               
          was discovered that an additional error existed which would                 
          not be cured by the reissue patent.  As a result, on December               
          23, 1992, a second reissue application was filed, and it is                 
          this application which now is before us.                                    
                                       OPINION                                        


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