Appeal 2006-1865
Application 09/660,433
Patent 5,802,641
21. U.S. Patent 5,802,641 issued September 8, 1998, based on the original
application and contained claims 1-13.
C. Prosecution of reissue application
22. Appellant filed reissue application 09/660,433 on September 7, 2000,
seeking to reissue U.S. Patent 5,802,641.
23. Appellant presented original patent claims 1-13 along with new
reissue application claims 14-100 for consideration.
24. Ultimately, reissue claims 14-100 were rejected.
25. Claims 1-13 are neither rejected nor indicated as allowable.
26. Reissue application claims 14-100 are before the Board in the appeal.
27. A copy of the claims 14-100 under appeal is set forth in the Claim
Appendix of Appellant’s Brief.
D. Examiner’s Rejection
28. The Examiner has rejected reissue application claims 14-100 under
35 U.S.C. § 251 maintaining that the claims seek to "recapture" subject matter
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