Appeal No. 1998-0212 Page 14
Reissue Application No. 07/837,588
of patented claim 26. Claims 67-74 and 76 are directed to the
“[e]lectrical control means for cyclically controlling the
supply of electric power to an electric motor” of patented
claim 10.
For the foregoing reasons, we are not persuaded that the
appellant failed to satisfy the error requirement of 35 U.S.C.
§ 251. Therefore, we reverse the rejection of claims 35-74
and 76 under 35 U.S.C. § 251. Next, we address the specifying
of a reissue error for claims 77-85, 87, 88, 90-107, 109, 110,
and
112-120.
Claims 77-85, 87, 88, 90-107, 109, 110, and 112-120
Regarding claims 77-85, 87, 88, 90-107, 109, 110, and
112-120, the examiner asserts, “non-elected claims cannot be
incorporated into a reissue application as an ‘error’ of
claiming less than he had the right to claim. See ... In re
Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: November 3, 2007