Appeal No. 2005-0642 Application No. 09/568,278 67. Applicant presented only new reissue application claims 26-45 for consideration.3 Original patent claims 1-14 and reissue claims 15-25 were cancelled at filing. 68. On February 1, 2001, Applicants expressly abandoned reissue application 09/120,560, filed July 22, 1998. 69. During prosecution Applicants added reissue claims 46-60 by amendment. 70. Reissue claims 47-60 are identical to original patent claims 1-14. Reissue claims 47-60 were indicated as allowable by the Examiner and are not involved in the appeal. 71. Reissue application claims 26-46 are before the Board in the appeal. 72. Claims 26-46 are grouped together for purposes of this appeal (Appeal Brief at page 3). A copy of reissue application claim 26 appears in Appendix 6 of this opinion. 73. The Examiner has rejected reissue application claims 26-46 under 35 U.S.C. § 251 maintaining that the claims seek to "recapture" subject matter 3 As previously noted, reissue claims 26-37 of application 09/120,560, do not correspond to reissue claims 26-37 of application 09/568,278. - 16 -Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 3, 2007