Appeal No. 2007-0441
Reissue Application 10/155,945
Patent 5,311,959
1 A. Introduction
2 The appeal under 35 U.S.C. § 134(a) is from the Examiner’s rejection
3 of claims 1-5, all the claims in Applicant’s application to reissue U.S. Patent
4 5,311,959. The Board has jurisdiction under 35 U.S.C. § 6(b). We affirm.
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6 B. Findings of fact
7 The following findings of fact are supported by the record by at least a
8 preponderance of the evidence. To the extent that a finding is a conclusion of law,
9 it may be treated as such.
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11 Patent file
12 At the time we took up the appeal for consideration, it turned out that the
13 patent file was “lost” within the Patent and Trademark Office.
14 Counsel for the Applicant was requested to supply a copy of the patent file
15 and has done so.
16 We will make the copy of the patent file a document in the reissue
17 application IFW file.
18 The Board appreciates counsel’s cooperation and prompt action in supplying
19 the copy of the patent file.
20
21 Invention
22 The invention concerns a mine tool roof bit insert.
23 Claims 1-5 were presented in the original application as filed.
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