Ex parte DUNCAN - Page 13




          Appeal No. 1998-0212                                      Page 13           
          Reissue Application No. 07/837,588                                          


          reissue application.”  (Paper No. 23 at 4.)  Although the                   
          assertion is not wrong, it overlooks an error that is                       
          correctable by reissue.  Specifically, the error is ”that the               
          claims in the [’814 Application] claimed less than [the                     
          appellant] had a right to claim because the claims had                      
          unnecessary limitations.”  (Prout Decl., 5/17/90, ¶ 5.)  The                
          appellant sought to remove limitations from patented claims                 
          that he deemed too narrow by filing an application for broader              
          claims 35-74 and 76 within two years of the ‘814 Patent’s                   
          issuance.                                                                   


               Although of a different scope, claims 35-74 and 76 are                 
          directed to the same subject matter as claims 1-34 of the ‘814              
          Patent.  Specifically, claims 35-48 are directed to the                     
          “method of cyclically controlling the supply of power to an                 
          electric motor” of patented claim 13.  Claims 49-59 are                     
          directed to the “method of electronically cyclically                        
          controlling the supply of power to an electric motor” of                    
          patented claim 14.  Claims 60-66 are directed to the                        
          “electrical control means for cyclically controlling the                    
          supply of electric power to an electric motor”                              







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