Appeal No. 2006-1049
Application No. 09/667,826
DECISION ON APPEAL
I. INTRODUCTION
1. Applicants appeal from a final rejection entered January 17, 2002.
2. The reissue application on appeal seeks to reissue U.S. Patent
5,811,808, issued September 22, 1998, based on application 08/712,891, filed
September 12, 1996.
3. The reissue application contains claims 1-35 and 40-58.
4. Claims 40-50 and 52-58 have been rejected under 35 U.S.C. § 251 on
the grounds that these claims seek to recapture subject matter surrendered when the
patent sought to be reissued was granted.
5. Claims 40-50 and 52-58 have been rejected under 35 U.S.C. § 112,
first paragraph, as containing subject matter which was not described in the
specification in such a way as to reasonably convey to one skilled in the relevant
art that the inventor(s), at the time the application was filed, had possession of the
claimed invention.
6. Claims 1, 5, 21, 22, 40, 42, and 48 have been rejected under
35 U.S.C. § 102(b) as anticipated by U.S. Patent 4,752,694, to Hegel, Jr. et al
(Hegel).
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