Appeal 2006-1454
Application 09/004,524
Patent 5,483,421
The Examiner has rejected claims 21-25, and 34 of the reissue application on
appeal as being unpatentable under 35 U.S.C. § 251 based on recapture.
With respect to the rejection under 35 U.S.C. § 251, the panel affirms the
decision of the Examiner.
I. INTRODUCTION
1. Applicants appeal from a final rejection entered January 17, 2002.
2. The reissue application on appeal seeks to reissue U.S. Patent
5,483,421, issued January 9, 1996, based on application 07/848,467, filed March 9,
1992.
3. The reissue application contains claims 1-12, 21-25, and 34.
4. Claims 21-25 and 34 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.
5. Claims 1-12 have been indicated as being allowable.
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