Appeal No. 2007-0441
Reissue Application 10/155,945
Patent 5,311,959
1 E. Additional remarks
2 We do not know whether Applicant has considered the possibility of a
3 certificate of correction to try to overcome the error in patent claim 1. We
4 express no views on whether a certificate of correction is appropriate and if
5 filed how a petition for a certificate of correction might or should be
6 decided.
7
8 F. Decision and order
9 Upon consideration of the record, including the copy of the patent file
10 submitted to the Board by the Applicant, and for the reasons given, it is
11 ORDERED that the decision of the Examiner rejecting claims
12 1-5 as being unpatentable under the fourth paragraph of 35 U.S.C. § 251 is
13 affirmed.
14 FURTHER ORDERED that the decision of the Examiner
15 rejecting claims 1-5 as being unpatentable under the third paragraph of 35
16 U.S.C. § 251 is affirmed.
17 FURTHER ORDERED that the provisions of 37 CFR § 1.136(a) are
18 not applicable to time periods for taking subsequent action.
14
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