Appeal 2006-1068
Reissue Application 08/425,766
Judge Jerry Smith, concurring.
A. Discussion
1. The Examiner’s prima facie case
I concur with the opinions of Judge Garris and Judge MacDonald. The
Examiner has made out a prima facie case of recapture.
2. Applicant’s response to the examiner’s case
I concur with the opinions of Judge Garris and Judge MacDonald.
Appellants fail to rebut the Examiner’s prima facie case.
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
)
JERRY SMITH ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
BRG/ARM/JS:hh
44
Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
Last modified: November 3, 2007