Appeal No. 2006-2248
Application No. 10/158,618
41. Applicants presented original patent claim 1 along with new
reissue application claims 2-19 for consideration.
42. Reissue application claims 1-19 are before the Board in the
appeal.
43. A copy of reissue application claims 1-19 appears in Appendix
5 of this opinion. Claims 1, 2, 8, and 9 are independent claims.
44. In response to the Examiner’s first action on the merits in the
reissue application, Applicants amended the claims to place claims 1-19 in the
proper reissue format and to add new reissue application claims 20-40.
45. The Examiner withdrew reissue application claims 20-40 from
consideration as being directed to non-elected subject matter (Reissue application
final rejection at page 2).
46. Reissue application claims 20-40 are not before the Board in
this appeal.
47. The Examiner has rejected reissue application claims 1-19
under 35 U.S.C. § 251 maintaining that the reissue declaration is defective.
48. The Examiner has rejected reissue application claims 2-19
under 35 U.S.C. § 251 maintaining that the claims seek to "recapture" subject
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