Appeal No. 2005-0841
Application No. 08/230,083
47. U.S. Patent 5,105,731 issued April 21, 1992, based
on the original application and contained claims 1-13, all as
shown in Appendix 5 of this opinion.
Prosecution of reissue application
48. Applicant filed reissue application 08/230,083 on
April 20, 1994 seeking to reissue U.S. Patent 5,105,731.
49. Applicant presented original patent claims 1-13
along with new reissue application claims 14-16 for
consideration.
50. Reissue application claim 15 has been canceled and
is not involved in the appeal.
51. Reissue application claims 14 and 16 are before
the Board in the appeal.
52. A copy of reissue application claims 14 and 16
appears in Appendix 6 of this opinion.
53. The examiner has rejected reissue application
claims 14 and 16 under 35 U.S.C. § 251 maintaining that the
claims seek to "recapture" subject matter surrendered in
obtaining allowance of the claims which appear in the patent
sought to be reissued.
54. The Examiner based the rejection of claims 14 and
16 on the grounds that when faced in the original application
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