Ex Parte Rosenberg et al - Page 16



             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.                                      
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