Ex Parte Rosenberg et al - Page 50

             Appeal No. 2005-0642                                                                               
             Application No. 09/568,278                                                                         

                                                      (4)                                                       
                                               Other arguments                                                  
                   We have considered all other arguments made by applicant in the Appeal                       
             Brief and subsequent Briefs.  None has convinced us that the Examiner erred in                     
             rejecting reissue claims 26 through 46 based on recapture.                                         
                                               IV.  DECISION                                                    
                   Upon consideration of the record, and for the reasons given, the decision of                 
             the Examiner rejecting reissue claims 26-46 based on recapture is affirmed.                        
                                                 AFFIRMED                                                       



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                                JERRY SMITH         )                                                           
                                Administrative Patent Judge  )   BOARD OF PATENT                                
                                                                        )                                       
                                                                        )     APPEALS AND                       
                                                                        )                                       
                                ALLEN R. MacDONALD  )    INTERFERENCES                                          
                                Administrative Patent Judge  )                                                  
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                                                                 )                                              


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