Appeal 2007-0700
Application 09/159,509
Patent 5,559,995
The decision of the Examiner rejecting claims 10-43, 46-55, 58-66,
97-104 and 106-108 is affirmed. The decision of the Examiner rejecting
claims 44-45, 67-68 and 84-94 is reversed.
The following opinions follow: (1) a majority opinion authored by
Judge MacDonald, joined by Senior Judge McKelvey, (2) a concurring
opinion by Senior Judge McKelvey, and (3) an opinion concurring-in-part
and dissenting-in-part authored by Judge Blankenship. Judge Blankenship
would reverse the Examiner's rejection of all claims.
MacDONALD, Administrative Patent Judge.
I. STATEMENT OF CASE
1. Appellants appeal under 35 U.S.C. § 134 from a final rejection
of reissue claims 1-46, 48-94, and 97-108 entered April 10, 2001. We have
jurisdiction under 35 U.S.C. § 6(b).
2. The Examiner has withdrawn the rejection of claims 1-9, 56-57,
69-83, and 105. (Supplemental Answer 3:1-2).
3. Claims 10-46, 48-55, 58-68, 84-94, 97-104, and 106-108
remain on appeal before us.2
2 There is some possibility on this record that Appellants might have
presented an argument that the Examiner’s reasoning at pages 4-10 of the
Examiner’s Answer, mailed March 26, 2002, is in effect a “new ground of
rejection.” It also might have been argued that such a new ground of
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