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AND IS NOT BINDING PRECEDENT OF THE BOARD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. 2006-0386
Application 09/460,222 for reissue of Patent 5,235,581
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HEARD: February 21, 2006
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Before CAROFF, PATE, and MARTIN, 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, 28-32, and 34-38, 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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