Appeal 2007-0040
Application 10/170,069
Patent 6,073,699
33. On January 11, 2000, a Notice of Allowability was mailed
which stated that pending claims 28-30 were allowed.
34. Consistent with Office practice, application claims 28-30 were
renumbered as patent claims 1-3 in the course of preparing the original
application for issue.
35. U.S. Patent 6,073,699 issued June 13, 2000, based on the
original application and contained claims 1-3.
C. Prosecution of reissue application
36. Appellant filed reissue application 10/170,069 on June 12,
2002, seeking to reissue U.S. Patent 6,073,699.
37. Appellant presented original patent claims 1-3 along with new
reissue application claim 4 for consideration.
38. Ultimately, reissue claim 4 was rejected.
39. Reissue application claim 4 is before the Board in the appeal.
40. A copy of the claim 4 under appeal is set forth in the Statement
of the Case supra.
D. Examiner’s Rejection under 35 U.S.C. § 251
41. The Examiner has rejected reissue application claim 4 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.
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