Appeal 2005-0801
Application 09/848,628
A. INTRODUCTION
1. Appellants appeal from a final rejection entered April 17,
2002.
2. The reissue application on appeal seeks to reissue U.S.
Patent 5,899,468, issued May 4, 1999, based on application 08/887,238,
filed July 2, 1997.
3. The reissue application contains claims 1-13.
4. Claims 8-13 have been rejected under 35 U.S.C. § 251 on
the grounds that these claims seek to recapture subject matter surrendered
when the patent sought to be reissued was granted.
5. Claims 8-13 have also been rejected under 35 U.S.C. §
103 on the grounds that these claims are unpatentable over U.S. Patent
5,031,796, to Schafer et al. (Schafer) in view of U.S. Patent 3,342,368, to
Matry.
6. Claims 1-7, the remaining claims, have been indicated as
being allowable.
7. Appellants filed an Appeal Brief (the Brief) on
November 12, 2002, a Reply Brief (the Reply) on January 29, 2003, and a
Supplemental Reply Brief (the Supplemental Reply) on May 3, 2004.
8. The first issue before the Board is whether Appellants
have established that the Examiner erred in rejecting claims 8-13 based on
recapture.
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