Appeal No. 2006-1873 Page 13
Reissue Application No. 08/058,163
d) The active liquid material is incorporated into a liquid monomer
or semi-polymer. The polymerization takes place or is concluded by
heating after the addition of a catalyst. A solid homogeneous composition
is finally obtained. The process is described, for example, in French
Patents 1176992, 1326385 and 1404681. [P. 2, ll. 22-29.]
We leave it to the examiner in the first instance to determine whether this “French”
process is relevant prior art vis-a-vis appellants’ claimed invention.
III. Conclusion
Claims 1-14 and 16-19 are rejected under 35 U.S.C. § 251 as being broadened
in a reissue application filed outside the two year statutory period. The decision of the
examiner to reject claims 1-19 (a) under 35 U.S.C. § 112, first and second paragraphs,
(ii) under 35 U.S.C. § 251 as based on a defective reissue oath and (iii) under 35 U.S.C.
§ 103 as being obvious over British Patent GB 1336495 is vacated as moot in view of
the new ground of rejection under 35 U.S.C. § 251.
This decision contains a new ground of rejection pursuant to 37 CFR
§ 41.50(b). 37 CFR § 41.50(b) provides that, “[a] new ground of rejection pursuant to
this paragraph shall not be considered final for judicial review.”
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