Appeal No. 2006-1049
Application No. 09/667,826
76. Ultimately, reissue claims 1, 5-7, 12-13, 15, 19, 21-22, 24-25, 40-50
and 52-58 were rejected, reissue claim 51 was objected to as a duplicate of claim
20, and claims 2-4, 8-11, 14, 16-18, 20, 23, and 26-35 were indicated as allowable.
77. Reissue application claims 1, 5-7, 12-13, 15, 19, 21-22, 24-25, 40-50
and 52-58 are before the Board in the appeal.
78. A copy of patent (reissue) claims 1, 5-7, 12-13, 15, 19, 21-22, 24-25
appears in Appendix 5 of this opinion. A copy of reissue application claims 40-50
and 52-58 appears in Appendix 6 of this opinion.
79. The Examiner has rejected reissue application claims 40-50 and 52-58
under 35 U.S.C. § 251 maintaining that the claims seek to "recapture" subject
matter surrendered in obtaining allowance of the claims which appear in the patent
sought to be reissued.
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