Ex Parte Briere et al - Page 6



         Appeal No. 2006-0123                                                       
         Application 09/553,413                                                     
                                                                                   
                                      DECISION                                      
              The rejection under 35 U.S.C. § 251 of claims 1-21 and 34-40          
         as being based upon a defective reissue declaration is affirmed.           
         The rejection of claims 15-21 and 34-40 under 35 U.S.C. § 251 as           
         being an improper recapture of subject matter surrendered during           
         prosecution of the application for patent from which U.S. patent           
         no. 5,968,560 issued is reversed.                                          



















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