Ex Parte Cannata et al - Page 30



           Appeal No. 2006-1049                                                                     
           Application No. 09/667,826                                                               

                 selectively electrically connecting said circuit elements into the                 
                 detector readout circuit in response to stored offset correction values)           
                 which distinguished over a potential application of references Lung                
                 and Masarik et al. Applicant did not present on the record a counter               
                 statement or comment as to the examiner's reasons for allowance, and               
                 permitted the claims to issue. The omitted limitation is thus                      
                 established as relating to subject matter previously surrendered.                  
                 83. The Examiner further reasoned as follows (see Final Office Action              
           entered January 17, 2002, page 3):                                                       
                       The reissue claim 53 deletes a limitation ("capacitors") from the            
                 patent claims. Therefore, the reissue claims are broader than the patent           
                 claims in the aspect of the electrical connection between the sample               
                 node and a reference voltage. The broader aspect of the reissue claims             
                 relates to subject matter that applicant previously surrendered during             
                 the prosecution of the original application. The limitation                        
                 ("capacitors") omitted in the reissue claims was present in the claims             
                 of the original application (claim 32). 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 plurality of capacitors             
                 connected between said sample node and a reference voltage and a                   
                 corresponding plurality of switches coupled in series with each                    
                 respective capacitor and said reference voltage) which distinguished               
                 over a potential application of references Lung and Masarik et al.                 
                 Applicant did not present on the record a counter statement or                     
                 comment as to the examiner's reasons for allowance, and permitted                  
                 the claims to issue. The omitted limitation is thus established as                 
                 relating to subject matter previously surrendered.                                 




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