Appeal No. 2003-0124
Application No. 09/487,832
Austin declares that these errors arose inadvertently in the
course of Mr. Austin's instructions to Mr. Gordon, without any
deceptive intent on Mr. Austin's part. See page 4 of the
Declaration. Mr. Austin further declares that the errors were
not appreciated by the Applicant, or by Mr. Austin, or by Mr.
Gordon, or by the Examiner during the prosecution of the '585
application which resulted in issuance of the '540 patent. See
page 5 of the Declaration.
Mr. Austin further declares that he believes that the
claimed drafting errors introduced in his instructions to Mr.
Gordon were the result of simple oversight and compounded by
haste caused by the difficult circumstances surrounding the
subject patent application and the Assignee at the time. See
page 6 of the Declaration.
35 U.S.C. § 251, ¶ 1, provides in pertinent part:
Whenever any patent is, through error without
any deceptive intention, deemed wholly or
partly inoperative or invalid, by reason of a
defective specification or drawing, or by
reason of the patentee claiming more or less
than he had a right to claim in the patent,
the [Director] shall . . . reissue the patent
for the invention disclosed in the original
patent, and in accordance with a new and
amended application, for the unexpired part
of the term of the original patent.
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