Appeal No. 1998-0212 Page 3
Reissue Application No. 07/837,588
withdrew the nonelected claims, viz., claims 35-39, from
consideration. (‘176 Application, Paper No. 12 at 1-2.)
During an interview on March 9, 1989, the appellant
authorized the examiner to cancel the nonelected claims by an
“Examiner’s Amendment.” (‘176 Application, Paper No. 19.) On
March 13, 1989, the examiner mailed a “Notice of
Allowability,” which included the Examiner’s Amendment
canceling the nonelected claims, (‘176 Application, Paper No.
20 at 2), and a “Notice of Allowance and Issue Fee Due.” On
March 31, 1989, the appellant filed an “Amendment under Rule
312.” (‘176 Application, Paper No. 22) The amendment
referenced the Examiner’s Amendment and acknowledged the
interview. (Id. at 1-2.) The amendment was entered. (‘176
Application, Paper No. 23.) On June 13, 1989, the appellant
filed an “Issue Fee Transmittal.”
On August 15, 1989, the application was issued as U.S. Patent
No. 4,857,814 ('814 Patent). The ‘814 Patent included claims
1-34.
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