THIS DOCUMENT WAS NOT WRITTEN WITH PUBLICATION IN MIND
AND IS NOT BINDING PRECEDENT OF THE BOARD
Paper No. ___
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte NAOYASU MIYAGAWA and YASUHIRO GOTOH
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Appeal No. 2005-2750
Application 09/460,221 for reissue of Patent 5,235,581
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HEARD: December 12, 2005
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Before PATE, MARTIN, and LORIN Administrative Patent Judges.
MARTIN, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the examiner's rejection of claims
26 and 29-48, which are all of the pending claims, under 35 U.S.C. § 251 on the ground
of reissue recapture. We reverse.
A. Background
The application on appeal identifies itself as a continuation of Application
08/396,981 (“the 981 application”), which was filed on March 1, 1995, for reissuance of
Patent 5,235,581 (“the original patent”), issued August 10, 1993. The ‘981 application,
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