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 ) - 48 -Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 NextLast modified: November 3, 2007