Ex parte DUNCAN - Page 2




                 Appeal No. 1998-0212                                                                                     Page 2                        
                 Reissue Application No. 07/837,588                                                                                                     


                                                                   BACKGROUND                                                                           
                          On September 16, 1986, the appellant filed U.S. Patent                                                                        
                 Application No. 06/908,176 (‘176 Application ).  During                        1                                                       
                 prosecution, the examiner concluded that the pending claims of                                                                         
                 the ‘176 Application specified two independent and distinct                                                                            
                 inventions; he required restriction between two corresponding                                                                          
                 groups of the claims.  The examiner explained that the claims                                                                          
                 of the first group, viz., claims 1-5, 7-9, 12-23, 25-33, and                                                                           
                 51, were “drawn to motor control including cyclic reversing,                                                                           
                 applying power, electronic control ....”  (‘176 Application,                                                                           
                 Paper No. 10 at 2.)  He added that the claims of the second                                                                            
                 group, viz., claims 35-49, were “drawn to [a] laundry machine                                                                          
                 ....”  (Id.)  In reply, the appellant elected to prosecute the                                                                         
                 claims of the first group.  (‘176 Application, Paper No. 11 at                                                                         
                 2.)  Acknowledging the election and noting that the appellant                                                                          
                 did not traverse the restriction requirement, the examiner                                                                             




                          1We will reference papers from the original application                                                                       
                 by designating the “‘176 Application.”  We will reference                                                                              
                 papers from the instant continuation reissue application and                                                                           
                 its parent reissue application without designating the                                                                                 
                 application number.                                                                                                                    







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