Ex Parte Aleles et al - Page 48



             Appeal No. 2006-2248                                                                                 
             Application No. 10/158,618                                                                           

                                              (4)  Other arguments                                                
                    We have considered all other arguments made by Applicants in the Appeal                       
             Brief.  None has convinced us that the Examiner erred in rejecting reissue claims                    
             1-19 based on a defective reissue declaration and rejecting reissue claims 2-19                      
             based on recapture.                                                                                  

                    D.    Decision                                                                                
                    Upon consideration of the record, and for the reasons given, the decision of                  
             the Examiner rejecting reissue claims 1-19 based on a defective reissue declaration                  
             is affirmed, and the decision of the Examiner rejecting reissue claims 2-19 based                    
             on recapture is affirmed.                                                                            
                    No time period for taking any subsequent action in connection with this                       
             appeal may be extended under 37 CFR § 1.136(a)(1)(iv).                                               
                                                 AFFIRMED                                                         

                                                                         )                                        
                                 JERRY SMITH                            )   BOARD OF PATENT                      
                                 Administrative Patent Judge             )                                        
                                                                         )    APPEALS AND                         
                                                                         )                                        
                                 ALLEN R. MacDONALD                      )    INTERFERENCES                       
                                 Administrative Patent Judge             )                                        
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