Appeal No. 1998-0212 Page 24
Reissue Application No. 07/837,588
Regarding claims 121-144, the examiner asserts,
“Applicant’s decision to file two continuation applications
and his failure to timely do so is not an error correctable by
reissue application.” (Paper No. 23 at 4.) Although the
assertion is not wrong, it overlooks an error that is
correctable by reissue. Specifically, the error is that “the
[’814 Patent] claims less than [he] had a right to claim
.....” (Supplemental Duncan Decl., 6/17/91, ¶ 34.) The
appellant sought to remedy this deficiency by filing a reissue
application for claims 121-144 within two years of the ‘814
Patent’s issuance.
Although of a different scope, claims 121-144 are
directed to the same subject matter as claims 1-34 of the ‘814
Patent. Specifically, claims 121-144 are directed to the
“cyclically reversing an electronically commutated motor” of
patented claim 2.
For the foregoing reasons, we are not persuaded that the
appellant failed to satisfy the error requirement of 35 U.S.C.
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