Appeal 2006-1068
Reissue Application 08/425,766
3. Applicant’s response to the examiner’s case
For the reasons discussed by Judge Garris with respect to Appellants’ failure
to rebut the Examiner’s prima facie case, I similarly find Appellants have not
rebutted the presumption, upon which the Examiner’s rejection is based, that at the
time of the arguments one skilled in the art would reasonably have viewed the
subject matter of the argument as having been surrendered.
B. Decision
Upon consideration of the record, and for the reasons given, the decision of
the Examiner rejecting reissue claims 1-20 based on recapture is affirmed.
AFFIRMED
) BOARD OF PATENT
)
ALLEN R. MACDONALD ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
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