Appeal No. 2002-0494 Page 9
Application No. 29/102,729
Since there is a reissuable error present in this application, the decision of the
examiner to reject the design claim under 35 U.S.C. § 251 as lacking defect in the
original application and lack of error in obtaining the original patent is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject the design claim under
35 U.S.C. § 112, first paragraph, and 35 U.S.C. § 251 based on new matter is affirmed
and the decision of the examiner to reject the design claim under 35 U.S.C. § 171 and
35 U.S.C. § 251 on bases other than new matter is reversed.
Since at least one rejection of the appealed design claim has been affirmed, the
decision of the examiner is affirmed.
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