Appeal No. 96-2818
Application No. 07/985,918
DECISION ON APPEAL
This is a decision on an appeal from the examiner’s final
rejection of claims 1 through 12 in this reissue application. No
other claims are pending in the application.
Appealed claims 1 through 12 stand rejected under the first
and second paragraphs of 35 U.S.C. § 251. There are no other
rejections of the appealed claims before us. Accordingly, the
only issue in this appeal is the propriety of the examiner’s
rejection under § 251.
Prior to filing the subject reissue application, appellants
filed a first broadening reissue application (07/985,918) on
June 5, 1991. After the subject reissue application was filed,
the first reissue application matured into Reissue Patent No.
RE 34,194 on March 16, 1993.
In support of his rejection, the examiner’s main position is
that having already granted one reissue patent on the original
patent, the Commissioner of Patents and Trademarks lacks
statutory authority to now grant another reissue patent.
Reference is made to the examiner’s answer and to the office
action dated April 19, 1995 (Paper No. 19) for further details of
the examiner’s rejection.
Subsequent to the examiner’s answer, appellants filed a
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