Ex Parte ABRUTYN et al - Page 4




               Appeal No. 2006-1873                                                              Page 4                          
               Reissue Application No. 08/058,163                                                                                   
                       said polymer lattice.                                                                                        
               13. Reissue claim 15 requires the pheromone compound to be “cis-2-                                                   
                       isopropylpentyl-1-methyl-cyclobutane-ethanol” and, therefore, covers the same                                
                       subject matter as dependent reissue claim 13 written in independent form.                                    
               14. Reissue claim 16 requires the pheromone compound to be “1,1-dimethyl-chloro-                                     
                       2-methylcyclohexane-1-carboxylate” and, therefore, covers the same subject                                   
                       matter as dependent reissue claim 14 written in independent form.                                            
               15. Reissue claim 17 requires the pheromone compound to be “selected from the                                        
                       group consisting of 1,1-dimethyl-4-chloro-2-methylcyclohexane-1-carboxylate,                                 
                       1,1-dimethyl-5-chloro-2-methylcyclohexane-1-carboxylate, cis-2-isopropylpentyl-                              
                       1-methyl-cyclobutane-ethanol, medlure, siglure, butyl sorbate, cue-lure, and                                 
                       methyl eugenol.”                                                                                             
               16. Reissue claim 19 requires the pheromone compound to be “selected from the                                        
                       group consisting of grandlure, trimedlure, methyl eugenol, and cuelure-                                      
                       malathion.”                                                                                                  
               17. None of reissue claims 15 through 17 or 19 explicitly state that the recited                                     
                       pheromone is a solid phase pheromone compound.                                                               
               18. Reissue claims 17 and 19 enlarge the scope of the claims of the original patent                                  
                       by reciting Markush groups of pheromone compounds which are not limited to                                   
                       subsets of the pheromone compounds recited in the original patent claims.                                    
                       Other findings of fact follow below.                                                                         








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