The opinion in support of the decision being entered
today is not binding precedent of the Board.
Paper No. 50
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte WILLIBALD KRAUS
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Appeal 2005-0841
Application 08/230,0831
Technology Center 2600
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ORAL HEARING: April 7, 2005
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Before: FLEMING, Chief Administrative Patent Judge, and GARRIS,
McQUADE, JERRY SMITH, NASE, RUGGIERO, GROSS, DELMENDO, FRANKLIN,
MacDONALD and NAPPI, Administrative Patent Judges.2
PER CURIAM
DECISION ON APPEAL UNDER 35 U.S.C. § 134
The examiner has rejected claims 14 and 16 of the reissue
application on appeal as being unpatentable under 35 U.S.C. 251
based on recapture. With respect to claim 14, a 6 to 5 majority
1 Application filed April 20, 1994, seeking to reissue U.S. Patent
5,105,731, issued April 21, 1992, based on application 07/642,475, filed
January 17, 1991. The real party in interest is TRW Automotive Electronics &
Components Km/h and Co., KG, previously known as TRW United-Carr GmbH and Co.,
KG. Appeal Brief (second submission filed October 4, 2000), page 1.
2 The appeal was originally heard by Administrative Patent Judges McQuade,
Nase and Delmendo. Subsequent to oral argument, the panel was expanded to
include Chief Administrative Patent Judge Fleming and Administrative Patent
Judges Garris, Jerry Smith, Ruggiero, Gross, Franklin, MacDonald and Nappi.
Applicant was offered, but declined, an opportunity for additional oral argument.
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