Appeal No. 2006-2248
Application No. 10/158,618
defects, but we hold so for different reasons than set forth by Appellants.
According to the Examiner, the reissue declaration:
[D]oes not contain a statement that all errors which are being
corrected in the reissue application up to the time of filing of the
oath/declaration arose without any deceptive intention on the part of
the applicant.
We find such a statement at page 3 of Exhibit B, rather than at page 2 of Exhibit A
as pointed out by Appellants. We find this statement sufficient. According to the
Examiner:
[T]here is no reference [in the reissue declaration] to the Declaration
filed by Andrea L. Colby in the Reissue declaration or incorporate by
reference of the [Colby Declaration].
We find no requirement in the statute or rules that the reissue declaration refer to or
incorporate by reference other declarations that Appellants may have filed.
Applicants are free to file other declarations that are separate from the reissue
declaration. Thus, we find no error. However, because the Colby declaration is a
separate declaration, it does not serve to fulfill the requirements of the reissue
declaration.
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