Appeal No. 2005-0642
Application No. 09/568,278
surrendered in obtaining allowance of the claims which appear in the patent sought
to be reissued.
74. The Examiner based the rejection of claims 26-46 on the grounds that
when faced in the original application with a rejection under 35 U.S.C. § 102 and
35 U.S.C. § 103 over the Sugawara, Plosz, Wiethorn, and Seevers prior art patents,
applicant made three significant amendments:
(1) First, applicant amended independent claim 4 to add the
limitations of dependent claim 7 to claim 4.
(2) Second, applicant rewrote independent claims 1 and 10 to
include the limitations thought to be responsible for the allowance of claim 7.
(3) Third, applicant further amended independent claim 10 to add
the limitations of dependent claims 16, 19, and 20 to claim 10; original application
claim 10 ultimately became patent claim 9.
D. Examiner’s rejection
75. The Examiner rejected reissue application claims 26-46 as being
unpatentable under 35 U.S.C. § 251 for recapturing subject matter surrendered in
- 17 -
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: November 3, 2007