Appeal No. 2004-0659
Application No. 09/111,978
Board) mailed March 31, 2005, wherein the Board affirmed the Examiner’s rejections of
claims 30 through 85.
2. The reissue application on appeal seeks to reissue U.S. Patent
5,646,733, issued July 8, 1997, based on application 08/593,095, filed January 29, 1996.
3. The reissue application contains claims 1 through 85.
4. Claims 30 through 85 have been rejected under 35 U.S.C. § 251 on
the grounds that these claims seek to recapture subject matter surrendered when the
patent sought to be reissued was granted.
5. Appellant filed an Appeal Brief on May 6, 2002, and an Amended
Appeal Brief (hereafter, the Brief) on March 17, 2003, fully replacing the earlier filed
Appeal Brief.
6. Claims 30 through 85, reproduced in Appendix B (the claim
appendix) of the Brief, are the claims on appeal before the Board of Patent Appeals and
Interferences (hereafter, the Board).
7. On March 31, 2005, the Board mailed a Decision on Appeal
(hereafter, the Decision), affirming the examiner’s rejection of claims 30 through 85.
8. Appellant filed a Request for Rehearing of the Decision on May
31, 2005.
9. The panel was expanded to a five judge panel.
10. Appellant was offered and accepted an opportunity for a new oral
argument before the expanded panel.
11. In view of the second oral hearing and the modification of the
original decision by the addition of opinions with new rationales presented infra, we
designate this a new decision. See 37 CFR 41.52(a).
3 Filed on May 31, 2005.
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