Ex Parte ABRUTYN et al - Page 2




               Appeal No. 2006-1873                                                              Page 2                          
               Reissue Application No. 08/058,163                                                                                   
               II. Findings of Fact                                                                                                 
                       The following findings of fact are supported by a preponderance of the evidence                              
               of record.                                                                                                           
               1. Application 08/058,163 (“the reissue application”) was filed on 4 May 1993 as a                                   
                       reissue application of U.S. Patent 4,855,127 (“the original patent”), which issued                           
                       8 August 1989.                                                                                               
               2. The reissue application was filed more than two years after the original patent                                   
                       was granted.                                                                                                 
               3. The original patent contained one independent claim and thirteen dependent                                        
                       claims.                                                                                                      
               4. Originally issued claim 1 read (emphasis added):                                                                  
                               A solid pheromone entrapped composition comprising:                                                  
                               from approximately 5% to approximately 95% by weight of a cross-                                     
                       linked hydrophobic comb-like polymer lattice;                                                                
                               from approximately 95% to about 5% by weight of a solid                                              
                       pheromone;                                                                                                   
                               said monomers of said cross-linked polymer and said pheromone                                        
                       being polymerized in situ;                                                                                   
                               said pheromone being dispersed uniformly throughout and                                              
                       entrapped within said polymer lattice.                                                                       
               5. Originally issued dependent claim 13 limited the pheromone of claim 1 to “cis-2-                                  
                       isopropylpentyl-1-methyl-cyclobutane-ethanol.”                                                               
               6. Originally issued dependent claim 14 limited the pheromone of claim 1 to “1,1-                                    
                       dimethyl-chloro-2-methylclcylohexane-1-carboxylate [sic].”                                                   
               7. Reissue claim 1 reads:                                                                                            
                               A solid pheromone entrapped composition comprising:                                                  





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