Appeal No. 2005-0055
Application 09/691,021
of the panel affirms the decision of the examiner. With respect
to claim 16, the panel unanimously affirms the decision of the
examiner.
A plurality opinion authored by Chief Judge Fleming, joined
by Judges Jerry Smith, MacDonald and Nappi, a concurring opinion
authored by Judge Gross, joined by Judge Ruggiero, an opinion
concurring-in-part and dissenting-in-part authored by Judge Nase,
joined by Judges Garris, Delmendo and Franklin, an opinion
concurring-in-part and dissenting-in-part authored by Judge
McQuade, Appendices 1 through 7 to Chief Judge Fleming’s opinion
and Appendices 8 through 10 to Judge Nase’s opinion, follow.
Chief Judge Fleming, with whom Judges Jerry Smith, MacDonald
and Nappi join, concurring.
DECISION ON APPEAL
A. Introduction
1. Applicant appeals from a final rejection entered
November 9, 1999.
2. The reissue application on appeal seeks to reissue
U.S. Patent 5,105,731 (the ‘731 patent), issued April 21, 1992,
based on application 07/642,475, filed January 17, 1991.
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