Ex Parte Apps et al - Page 73



         Appeal 2005-0801                                                                                       
         Application 09/848,628                                                                                 

                       C. DECISION                                                                              
                       Upon consideration of the record, and for the reasons given, the                         
                decision of the Examiner rejecting reissue claims 8 through 13 based on                         
                obviousness is reversed, and the decision of the Examiner rejecting reissue                     
                claims 8 through 13 based on recapture is affirmed.                                             


                                                    AFFIRMED                                                    
                                                                                                               


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










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