Appeal No. 2005-2643
Reexamination Control No. 90/005,842
The Final Office Action (hereinafter “Final Action”) included (at 3, ¶ 5) a rejection
of claims 2, 17, and 27 under the first paragraph of 35 U.S.C. § 112, which was not
repeated in the Answer and is therefore treated as withdrawn. Manual of Patent
Examining Procedure § 1207.02 (8th ed. rev. 4, Oct. 2005). In any case, as pointed out
by appellant in the reply brief (at 5-7), the rejection was contrary to 37 CFR § 1.552(a)3
because the rejected claims are unamended, original patent claims.
A. Related litigation
3 37 CFR § 1.552(a) provides: “Claims in an ex parte reexamination proceeding
will be examined on the basis of patents or printed publications and, with respect to
subject matter added or deleted in the reexamination proceeding, on the basis of the
requirements of 35 U.S.C. 112.”
2
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