Appeal No. 2005-0841
Application No. 08/230,083
September 28, 2004. The argument directed to reissue claim 16 is
no more persuasive than the unpersuasive argument directed to
reissue claim 14.
(3) Other arguments
We have considered all other arguments made by applicant in
the Appeal Brief and subsequent Briefs. None has convinced us
that the examiner erred in rejecting reissue claims 14 and 16
based on recapture.
D. Decision
Upon consideration of the record, and for the reasons given,
the decision of the examiner rejecting reissue claims 14 and 16
based on recapture is affirmed.
E. Options for further proceedings
1. We recognize that our opinion (1) might be viewed
as discussing points not previously brought out in the record and
(2) citing Federal Circuit opinions based on Federal Circuit
decisions entered after applicant filed the appeal.
2. We also recognize that the appeal involves a
reissue application which has been pending for some time. Cf.
Pritchard v. Loughlin, 361 F.2d 483, 487, 149 USPQ 841, 844 (CCPA
- 43 -43
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