Appeal No. 96-2818
Application No. 07/985,918
petition (Paper No. 35) seeking to change the status of the
subject application to that of a “continuation” application in
addition to a “reissue of a reissue” in order to claim the
benefit of the filing date of the parent reissue application
under 35 U.S.C. § 120. In the Commissioner’s decision dated
November 19, 1997 (Paper No. 36), appellants’ petition was
granted, and the amendment accompanying the petition (see Paper
No. 34) was entered to formally change the status of the subject
application to a continuation as well as a reissue of a reissue.
Based on the current status of the subject reissue
application, along with the surrender of appellants’ first
reissue patent, the issuance of a reissue patent on the subject
application will not result in the grant of a second reissue
patent while the first is still in effect, thus rendering moot
the basis for the examiner’s rejection under § 251. For these
reasons we will not sustain the standing rejection of the
appealed claims.
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