Appeal No. 2006-1049
Application No. 09/667,826
31, and rejected independent claim 29; original application claim 37 ultimately
became patent claim 35.
D. Examiner’s Rejections
(1)
35 U.S.C. § 251
81. The Examiner rejected reissue application claims 40-50 and 52-58 as
being unpatentable under 35 U.S.C. § 251 for recapturing subject matter
surrendered in obtaining allowance of claims during prosecution of the application
which matured into the patent sought to be reissued.
82. The Examiner reasoned as follows (see Final Office Action entered
January 17, 2002, pages 2-3):
The reissue claims 40, 41, 42, 43, 52, and 58 delete a limitation
("parallel connected") from the patent claims. Therefore, the reissue
claims are broader than the patent claims in the aspect of the electrical
connection of the plurality of circuit elements. The broader aspect of
the reissue claims relates to subject matter that applicant previously
surrendered during the prosecution of the original application. The
limitation ("parallel connected") omitted in the reissue claims was
present in the claims of the original application (at least claims 2-4, 8,
24, 26, 37, 42, 44, and 45). The examiner's reasons for allowance in
the original application stated that it was that limitation ("the means
for correcting specified by independent claim 2, 24, 33 or 37" where
the means for correcting specified a correction circuit including a
plurality of parallel connected circuit elements and means for
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