Appeal No. 2006-2248
Application No. 10/158,618
DECISION ON APPEAL UNDER 35 U.S.C. § 134
A. Introduction
1. Applicants appeal from a final rejection entered May 14, 2003.
2. The reissue application on appeal seeks to reissue U.S. Patent
6,068,847, issued May 30, 2000, based on application 08/940,880, filed September
30, 1997.
3. The reissue application contains claims 1-40.
4. Claims 1-19 have been rejected under 35 U.S.C. § 251 on the
grounds that the reissue declaration is defective.
5. Claims 2-19 have been rejected under 35 U.S.C. § 251 on the
grounds that these claims seek to recapture subject matter surrendered when the
patent sought to be reissued was granted.
6. Claims 20-40, the remaining claims, have been withdrawn from
consideration as being directed to non-elected subject matter and are not on appeal
before this Board (Reissue final rejection at page 2).
7. The principal issues before the Board are whether Applicants
have established that the Examiner erred in rejecting claims 1-19 based on a
defective reissue declaration and erred in rejecting claims 2-19 based on recapture.
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