Appeal 2006-1454
Application 09/004,524
Patent 5,483,421
77. Ultimately, reissue claims 21-25 and 34 were rejected and claims 1-12
were indicated as allowable.
78. Reissue application claims 21-25 and 34 are before the Board in the
appeal.
79. A copy of patent (reissue) claims 1-12 appears in Appendix 4 of this
opinion. A copy of reissue application claims 21-25 and 34 appears in
Appendix 5 of this opinion.
D. Examiner’s Rejection
80. The Examiner has rejected reissue application claims 21-25 and 34
under 35 U.S.C. § 251 maintaining that the claims seek to "recapture" subject
matter surrendered in obtaining allowance of the claims which appear in the patent
sought to be reissued.
81. The Examiner based the rejection of claims 21-25 and 34 on the
grounds that when faced in the original application with a rejection under
35 U.S.C. § 103 over the Soga and Frankeny prior art patents, applicants made two
significant amendments:
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