Appeal No. 2006-1049
Application No. 09/667,826
DECISION ON APPEAL UNDER 35 U.S.C. § 134
The Examiner has rejected claims 1, 5, 21, 22, 40, 42, and 48 of the reissue
application on appeal under 35 U.S.C. § 102(b) as being anticipated.
The Examiner has rejected claims 6, 7, 12, 13, 15, 19, 24, 25, 44-47, and 50
of the reissue application on appeal under 35 U.S.C. § 103(a) as being obvious.
The Examiner has rejected claims 40-50 and 52-58 of the reissue application
on appeal as being unpatentable under 35 U.S.C. § 251 based on recapture.
The Examiner has rejected claims 40-50 and 52-58 of the reissue application
on appeal under 35 U.S.C. § 112, first paragraph, as failing to meet the written
description requirement.
With respect to the rejections under 35 U.S.C. §§ 102(b), 103(a), § 112, and
§ 251, the panel reverses the decision of the Examiner.
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