Appeal 2007-0040
Application 10/170,069
Patent 6,073,699
VI. CONCLUSIONS OF LAW
(1) Appellant has failed to establish that the Examiner erred in
rejecting claim 4 under 35 U.S.C. § 251 based on recapture. Specifically:
(a) Appellant’s arguments have not rebutted the presumption,
upon which the Examiner’s rejection is based, i.e., that at the time of
the amendment an objective observer would reasonably have viewed
the subject matter of the narrowing amendment and limitations argued
in the parent as having been surrendered.
(b) Appellant’s arguments have not established that the reissue
claims are materially narrowed with respect to an overlooked aspect
of the invention.
(2) Reissue claim 4 is not patentable.
(3) Since we have entered a new rejection, our decision is not a final
agency action.
VII. DECISION
Upon consideration of the record, and for the reasons given, we affirm
the rejection of reissue claim 4 under 35 U.S.C. § 251 based on recapture;
and we reject reissue claim 4 under 35 U.S.C. § 102(b).
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).
- 48 -
Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
Last modified: September 9, 2013