Appeal No. 1999-0323 Page 4
Application No. 08/079,504
brief (Paper No. 32, filed November 24, 1997) for the
appellants' arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellants' specification and
claims, and to the respective positions articulated by the
appellants and the examiner. Upon evaluation of all the
evidence before us, it is our conclusion that the evidence
adduced by the examiner is insufficient to establish a prima
facie basis for a rejection of claims 43 and 44 based on the
recapture doctrine. Accordingly, we will not sustain the
examiner's rejection of claims 43 and 44. Our reasoning for
this determination follows.
The issue presented by the examiner and the appellants is
whether the recapture doctrine is applicable in this reissue
application. We agree with the appellants' arguments (brief,
pp. 7-10) that the recapture doctrine is not applicable in
this reissue application.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007