Appeal 2006-1865
Application 09/660,433
Patent 5,802,641
B. The Prima Facie Case
(1)
Examiner’s Rejection
Our Findings of Fact 29-34 set out the basis upon which the Examiner
originally made a recapture rejection in the Final Office Action. As noted in
Finding of Fact 35, the record supports the Examiner’s findings.
Basically, in the application which matured into the patent now sought to be
reissued, the Examiner rejected originally filed independent claim 1 over the prior
art. Appellant proceeded to re-write application claim 1 by adding new limitations.
Amended application claim 1 issued as patent claim 1.
The Examiner made four points in Findings of Fact 29-34:
(1) when faced with a rejection in the original application Appellant made
three significant amendments (See Finding of Fact 29);
(2) when faced with a rejection in the original application Appellant made
three insignificant amendments (See Finding of Fact 30);
(3) when faced with a rejection in the original application Appellant made
extensive significant arguments (See Finding of Fact 31 and Findings
of Fact 14-19);
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