Ex Parte Rosenberg et al - Page 56



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

             reissue applicant with such scope of protection is the very purpose served by the                  
             applicant's right under 35 U.S.C. § 251 to enlarged claim scope.                                   
                   For the above stated reasons, I would reverse the Examiner's § 251                           
             rejection of claims 26-46 based on recapture.                                                      





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                                BRADLEY R. GARRIS   )  BOARD OF PATENT                                          
                                Administrative Patent Judge )       APPEALS AND                                 
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