Appeal No. 98-3287
Reissue Application 08/354,624
upon, and how they arose or occurred." 37 CFR § 1.175(a)(5)
(1996). Our review of the reissue declaration filed on
December 13, 1994, reveals that it contains paragraphs 2A
through 2L which identify the errors relied upon by appellant.
The examiner's answer does not contain a well- reasoned
argument for supporting the rejection and we know of none.
Accordingly, we will not sustain the standing rejection under
§ 251.5
CONCLUSION
To summarize our decision, we have reversed the examiner's
rejection of claims 1 through 23 under 35 U.S.C. § 251 on the
merits. In addition, we have reversed the examiner's rejection
of
claims 1 through 23 under 35 U.S.C. § 103 on a procedural
ground predicated upon the indefiniteness of the claims and,
The requirements of 37 CFR § 1.175 were amended effective Dec. 1,5
1997, by final rule notice, 62 Fed. Reg. 53131, 53197 (Oct. 10, 1997), 1203
Off. Gaz. Pat. Office 63, 122 (Oct. 21, 1997). Any further determination of
the adequacy of the reissue declaration must be based on 37 CFR § 1.175, as
amended effective Dec. 1, 1997.
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