Appeal No. 2001-0323 Page 5
Application No. 09/159,360
preparing a printed circuit board. Claims 2 to 24 are broader
than claim 1, thus appellants are seeking to enlarge the scope
of U.S. Patent No. 5,557,844.
12. The declarations accompanying the reissue application
provide that the cancellation of claims 1 to 13 from
divisional Application No. 08/463,344 was erroneous.
The rejection on appeal
13. Claims 2 to 11 and 13 to 24, all the claims pending in
this reissue application, stand rejected under 35 U.S.C. § 251
"as these claims were not intended to be covered and secured
by the original patent which is Pat No. 5,487,218." (Answer,
p. 2).
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the respective positions articulated
by the appellants and the examiner. As a consequence of our
review, we have determined that the decision of the examiner
to reject claims 2 to 11 and 13 to 24 under 35 U.S.C. § 251
must be reversed for the reasons that follow.
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