Appeal No. 1998-0212 Page 4
Reissue Application No. 07/837,588
On June 19, 1989, the appellant filed a “Supplemental
Amendment under Rule 1.312.” (‘176 Application, Paper No.
24.) The supplemental amendment attempted to cancel the
nonelected claims, which had already been canceled by the
Examiner’s Amendment, “for incorporation in a divisional
application.” (Id. at 1-2.) It also attempted to cancel
allowed claims 13, 27-31, and 55 for incorporation “into a
continuation application.” (Id. at 2.) Because the
supplemental amendment “reached the appropriate official for
action after the patent issued,” (‘176 Application, Paper No.
25), the Patent and Trademark Office (PTO) denied its entry.
On September 25, 1989, the PTO informed the appellant of the
denial. (Id.)
On May 17, 1990, the appellant filed U.S. Patent
Application No. 07/526,711 (‘711 Reissue Application), which
was for reissue of the ‘814 Patent. On February 18, 1992, he
filed U.S. Patent Application No. 07/837,588, which was a
continuation of the ‘711 Reissue Application and abandoned the
latter. (Paper No. 11
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