Appeal No. 2001-1596 Application 09/296,102 Conclusion We conclude that appellants surrendered nothing during the prosecution of their original application. Consequently, the recapture rule is inapplicable here, and the examiner’s decision to reject claims 1 to 14 is reversed. REVERSED IAN A. CALVERT ) Administrative Patent Judge ) ) ) ) BOARD OF PATENT CHARLES E. FRANKFORT ) Administrative Patent Judge ) APPEALS AND ) ) INTERFERENCES ) JEFFREY V. NASE ) Administrative Patent Judge ) IAC:pgg 11Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007