Appeal No. 1998-0212 Page 12
Reissue Application No. 07/837,588
Even if the PTO erred by promptly issuing the ‘814 Patent
and not issuing a Notice of Patent Issuance, the “error” would
not be correctable by reissue. The appellant’s argument
regarding his failure to file certain patent applications
timely
has not shown that the PTO’s actions caused him to obtain
claims that were too broad or too narrow. It is that sort of
error that is correctable by reissue.
With this in mind, we address the specifying of a reissue
error for the following groups of claims:
• claims 35-74 and 76
• claims 77-85, 87, 88, 90-107, 109, 110, and 112-120
• claims 121-144.
We first address the specifying of a reissue error for claims
35-74 and 76.
Claims 35-74 and 76
Regarding claims 35-74 and 76, the examiner asserts,
“Applicant’s decision to file two continuation applications
and his failure to timely do so is not an error correctable by
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