Appeals 2006-2874 and 2006-2747
Applications 08/544,212 and 09/287,664
Patent 5,401,305
1 prosecution is resumed following this appeal. If the Examiner is of the
2 opinion that there is interfering subject matter, the Examiner is free to
3 recommend to the Trial Division that an interference be declared.
4 We also note that Appellants have filed a response to the Interlocutory
5 Order entered 14 December 2006. In that response, Appellants request that
6 certain claims be cancelled and that amendments be entered. The response
7 did not squarely answer the information sought by the Interlocutory Order.
8 We express no views on the appropriateness of any amendment. Whether an
9 amendment can be made at this stage of prosecution in the two reissue
10 applications, and, if so, whether these particular amendments should be
11 entered, is a matter we leave to the sole discretion of the Examiner in the
12 first instance.
13
14 G. Judgment
15 Appeal 2006-2684
16 The Examiner's rejection of claims 28-29, 31-32, 58-59, and 65-66
17 based on recapture is reversed.
18 The Examiner’s rejection of claims 33-57 and 60 based on recapture
19 is affirmed.
20 Affirmed-in-Part and Reversed-in-Part
21
22 Appeal 2006-2747
23 The Examiner’s rejection of claims 28-32 based on recapture is
24 affirmed.
25 The Examiner's rejection of claims 28-32 based on unpatentability
26 under 35 U.S.C. § 103(a) is affirmed.
31
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