Appeal 2006-2966
Application 09/148,152
(2) With respect to claims 10-39, the Examiner has failed to establish
on this record that these claims recapture subject matter which was
surrendered by Appellant during prosecution of the '177 patent application.
Order
The rejection of claims 1-39 under 35 U.S.C. § 251 based upon a
defective reissue declaration is AFFIRMED.
The rejection of claims 10-39 under 35 U.S.C. § 251 based on
recapture is REVERSED.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(iv)(effective Sept.
13, 2004).
AFFIRMED
cam
Crowell & Moring, LLP
Intellectual Property Group
P O Box 14300
Washington, DC 20044-4300
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