Appeals 2006-2874 and 2006-2747
Applications 08/544,212 and 09/287,664
Patent 5,401,305
1 A. Statement of the Case
2 Two appeals are before the Board which we consolidate for the
3 purpose of deciding both appeals with a single opinion.
4
5 Appeal 2006-2684
6 Appeal 2006-2684 is an appeal from a decision of the Examiner
7 rejecting claims in Application 08/544,212, filed 17 October 1995 seeking to
8 reissue U.S. Patent 5,401,305, granted 28 March 1995 based on application
9 08/104,125 filed 13 December 1993.
10 Application 08/104,125 is said to be a continuation-in-part of
11 application 07/814,366, filed 26 December 1991 (now abandoned).
12 Application 08/104,125 is also said to be a continuation-in-part of
13 application 07/814,352, filed 27 December 1991 (now abandoned).
14 The rejection on appeal is of claims 28-29, 31-60 and 65-66 under
15 35 U.S.C. § 251 based on recapture.
16
17 Appeal 2006-2747
18 Appeal 2006-2747 is an appeal from a decision of the Examiner
19 rejecting claims in Application 09/287,664, filed 07 April 1999 seeking
20 to reissue the same patent.
21 Application 09/287,664 is said to be a division on Application
22 08/544,212 involved in Appeal 2006-2684.
23 There are two rejections on appeal.
24 A first rejection is of claims 28-32 under 35 U.S.C. § 251 based on
25 recapture.
2
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