Appeal No. 2006-2116
Application No. 08/879,517
Background
This is an appeal under 35 U.S.C. § 134 from an examiner’s
rejection of Claims 1-3, 26, 27, 37, 48-56 and 58-62 of Reissue
Application 08/879,517, filed June 20, 1997. We are asked to
review:2
(1) a rejection of Claims 1-3, 26, 27, 37, 48-56 and 58-62
under 35 U.S.C. § 103(a) as being unpatentable for obviousness
in view of “Prior Art” Figure 6, “Prior Art” Figure 7, and the
“Description of the Prior Art” at column 1, lines 11-33, in
10 Appellant’s own U.S. Patent 5,425,294; and the prior art
disclosures of George W. Johnson (Johnson), U.S. Patent 4,574,670,
issued March 11, 1986; Gotthold Haffner (Haffner), DE 3,640,784,
published March 31, 1988; M. Langworthy (Langworthy), U.S.
1,417,669, issued May 30, 1922; and T. G. Ambrosio, et al.
(Ambrosio), U.S. Patent 3,013,592, issued December 19, 1961;
2 We are not asked to review the examiner’s standing
rejection of Claims 1-3, 26, 27, 37, 48-56 and 58-62 under
35 U.S.C. § 251. The examiner has stated that an appropriate
supplemental reissue oath/declaration under 37 CFR § 1.175(b)(1)
must be received before this reissue application is allowed
(Examiner’s Answer, page 3 (EA 3)) and presumes that any and
all defects in the existing reissue oath/declaration filed under
37 CFR § 1.175(b)(1) will be corrected.
2
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