Appeal No. 98-0541
Application 08/409,137
This appeal is from the Primary Examiner's rejection of
claims 13-14, 21-23, 26, 28, 46 and 48 as lacking a statutory
basis for reissue. All remaining claims have been indicated
as being allowable.
A. Background
The application involved in this appeal seeks to reissue
U.S. patent 5,259,444. The reissue application was filed
within two years from the grant of the patent. See n.1,
supra.
The application which matured into the patent sought to
be reissued described and claimed at least two species of
regenerative heat exchangers. No generic claim was presented
which covered both species. One of the described species was
a "rotary" heat exchanger; the other was a "modular" heat
exchanger.
During prosecution of the application which matured into
the patent, the examiner made a restriction requirement
thereby causing appellant to elect to prosecute claims to the
rotary heat exchanger or claims to the modular heat exchanger.
Appellant elected to prosecute claims to the modular heat
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