Appeal 2006-1989
Application 09/772,278
Patent 5,996,948
30. The Examiner has rejected reissue application claims 1-5 and 7
under 35 U.S.C. § 251 maintaining that the claims seek to "recapture"
subject matter surrendered in obtaining allowance of the claims which
appear in the patent sought to be reissued (Final 2-6).
31. The Examiner also rejected claims 1, 2, and 5 under
35 U.S.C. § 102(b) (Final 6-7). The prior art relied upon by the Examiner
in rejecting the claims on appeal is Buff, US 5,503,062, issued April 2, 1996.
32. Reissue application claims 1-5 and 7 are before the Board in the
appeal.
33. The Examiner based the rejection of claims 1-5 and 7 on the
grounds that when faced in the original application with a rejection under
35 U.S.C. § 102 and 35 U.S.C. § 103 over Andrews, Appellant made two
significant amendments:
(1) First, Appellant amended originally filed claim 1 to add a
limitation reading “each wire leg having two upright sections interconnected
to one another at a location below the lower rim in a configuration forming a
base support for the stand to rest upon.”
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