Ex Parte Cannata et al - Page 34



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

                 Applicants also proceeded to re-write application claim 33 by (1) canceling        
           claims 29-32, and (2) combining the limitations of allowable dependent claim 33          
           with rejected claims 29-32.  Amended application claim 33 issued as patent               
           claim 27.                                                                                
                 Applicants further proceeded to re-write application claim 37 by (1)               
           canceling claims 29-31, and (2) combining the limitations of allowable dependent         
           claim 37 with rejected claims 29-31.  Amended application claim 37 issued as             
           patent claim 35.                                                                         
                 The Examiner makes four points in Findings of Fact 82 and 83:                      
                 (1) the reissue claims 40, 41, 42, 43, 52, and 58 are broader than the patent      
                       claims with respect to the “parallel connected” limitation;                  
                 (2) the Examiner’s reasons for allowance in the original application shows         
                       that the “parallel connected” limitation was surrendered;                    
                 (3) the reissue claim 53 is broader than the patent claims with respect to the     
                       “capacitors” limitation; and                                                 
                 (4) the “capacitors” limitation was surrendered as shown by the Examiner’s         
                       reasons for allowance and because it was present in original                 
                       application claim 32.                                                        
                                               - 34 -                                               




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