Appeal 2007-0700
Application 09/159,509
Patent 5,559,995
32. Appellants presented original patent claims 1-9 along with new
reissue application claims 10-108 for consideration.
33. Ultimately, reissue claims 10-46, 48-55, 58-68, 84-94, 97-104,
and 106-108 were rejected.
34. Reissue application claims 10-46, 48-55, 58-68, 84-94, 97-104,
and 106-108 are before the Board in the appeal.
35. A copy of the claims 10-46, 48-55, 58-68, 84-94, 97-104, and
106-108 under appeal is set forth in the Claim Appendix of Appellants’
Brief.
D. Examiner’s Rejection under 35 U.S.C. § 251
36. The Examiner has rejected reissue application claims 10-46,
48-55, 58-68, 84-94, 97-104, and 106-108 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.
37. The Examiner based the rejection of claims 10-46, 48-55,
58-68, 84-94, 97-104, and 106-108 on the grounds that when faced in the
original application with a rejection under 35 U.S.C. § 102(e) (or in the
alternative 35 U.S.C. § 103) over Wexelblat and a rejection under 35 U.S.C.
§ 103(a) over Wexelblat and Richburg, Appellants made at least three
significant amendments (on April 2, 1996) to originally filed claim 1 (and
claim 7) (Supplemental Answer 5):
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