Ex Parte BEALE - Page 13



                Appeal 2007-1432                                                                             
                Application 09/141,186                                                                       
                Patent 5,549,673                                                                             

                      33. On February 6, 1996, the Examiner conducted an interview                           
                with Appellant’s representative.  The Examiner entered an Interview                          
                Summary into the record stating:                                                             
                      Claims discussed: 1-4, 6-11, 17, and 20-28.                                            
                      Prior art discussed: (None)                                                            
                      Description of the general nature of what was agreed to if an                          
                      agreement was reached, or any other comments: Authorization was                        
                      given to cancel the nonelected, with traverse, claims and for the                      
                      extension of time required to do so.                                                   
                      34. On February 14, 1996, a Notice of Allowability was mailed                          
                which stated that pending claims 14-16 were allowed and canceling claims                     
                1-4, 6-11, 17, and 20-28.                                                                    
                      35. Consistent with Office practice, application claims 14-16 were                     
                renumbered as patent claims 1-3, respectively, in the course of preparing the                
                original application for issue.                                                              
                      36. U.S. Patent 5,549,673 issued August 27, 1996, based on the                         
                original application and contained claims 1-3.                                               

                            D.  Prosecution of reissue application                                           
                      37. Appellant filed reissue application 09/141,186 on August 27,                       
                1998, seeking to reissue U.S. Patent 5,549,673.                                              
                      38. Appellant presented original patent claims 1-3 along with new                      
                reissue application claims 4-15 for consideration.                                           


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