Appeal No. 2005-0841
Application No. 08/230,083
with a rejection under 35 U.S.C. § 103 over the Feles, Frien and
Mizusawa prior art patents, applicant made two significant
amendments:
(1) First, applicant presented new independent
application claim 15 which combined the limitations of
application dependent claim 2 with application independent
claim 1; new independent application claim 15 ultimately became
patent claim 1.
(2) Second, applicant presented new independent
application claim 16 which combined the limitations of
application dependent claims 10, 11 and 12 with application
independent claim 1; new original application claim 16 ultimately
became patent claim 11.
Examiner's rejection
55. The examiner rejected reissue application claims
14 and 16 as being unpatentable under 35 U.S.C. § 251 for
recapturing subject matter surrendered in obtaining allowance of
claims during prosecution of the application which matured into
the patent sought to be reissued.
56. The examiner reasoned as follows (see Supplemental
Examiner's Answer entered July 23, 2004, pages 2-3):
In the application for the patent now sought to be reissued,
originally filed dependent claims 2 (dependent on claim 1)
and 12 (dependent on claims 1, 10 and 11) were objected to,
- 12 -12
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