Appeal No. 2006-2248
Application No. 10/158,618
matter surrendered in obtaining allowance of the claims which appear in the patent
sought to be reissued.
49. The Examiner based the recapture rejection of claims 2-19 on
the grounds that when faced in the original application with a rejection of original
application claims 1-7 and 9 under 35 U.S.C. § 102 over the Felty prior art patent,
a rejection of original application claims 1-8 under 35 U.S.C. § 102 over the
Granger prior art patent, and a rejection of original application claim 10 under
35 U.S.C. § 103 over the Granger prior art patent, Applicants made two significant
amendments:
(1) First, Applicants presented new independent
original application claim 11 which recites twenty-five (25) components of
the claimed composition and a specific % w/w of each component with
twenty-four (24) of the twenty-five (25) recited components being specific
chemical compounds; new independent application claim 11 ultimately
became patent claim 1.
(2) Second, Applicants first limited by amendment
and then canceled original application claims 1-10.
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