Appeal No. 2005-0642
Application No. 09/568,278
67. Applicant presented only new reissue application claims 26-45 for
consideration.3 Original patent claims 1-14 and reissue claims 15-25 were
cancelled at filing.
68. On February 1, 2001, Applicants expressly abandoned reissue
application 09/120,560, filed July 22, 1998.
69. During prosecution Applicants added reissue claims 46-60 by
amendment.
70. Reissue claims 47-60 are identical to original patent claims 1-14.
Reissue claims 47-60 were indicated as allowable by the Examiner and are not
involved in the appeal.
71. Reissue application claims 26-46 are before the Board in the appeal.
72. Claims 26-46 are grouped together for purposes of this appeal (Appeal
Brief at page 3). A copy of reissue application claim 26 appears in Appendix 6 of
this opinion.
73. The Examiner has rejected reissue application claims 26-46 under
35 U.S.C. § 251 maintaining that the claims seek to "recapture" subject matter
3 As previously noted, reissue claims 26-37 of application 09/120,560, do not
correspond to reissue claims 26-37 of application 09/568,278.
- 16 -
Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: November 3, 2007