Ex Parte Shwarts et al - Page 5



                   Appeal 2007-0493                                                                                                 
                   Application 10/289,967                                                                                           
                   Patent 6,144,380                                                                                                 

                                                           II. ISSUES                                                               
                           1.     The first issue before the Board is whether Appellants have                                       
                   established that the Examiner erred in rejecting claims 5-15, 17-37, 39-59,                                      
                   61-85, and 87-101 under 35 U.S.C. § 251 based on recapture.                                                      
                           2.     The second issue before the Board is whether Appellants have                                      
                   established that the Examiner erred in rejecting claims 1-15, 17-37, 39-59,                                      
                   61-85, and 87-101 under 35 U.S.C. § 251 based on a defective reissue oath.                                       
                           3.     The third issue before the Board is whether Appellants have                                       
                   established that the Examiner erred in rejecting claims 5-11, 14-15, 17-18,                                      
                   21-33, 36-37, 39-40, and 43-48 under 35 U.S.C. § 103(a) as being                                                 
                   unpatentable over Dickinson and More.                                                                            
                           4.     The fourth issue before the Board is whether Appellants have                                      
                   established that the Examiner erred in rejecting claims 12-13, 19-20, 34-35,                                     
                   and 41-42 under 35 U.S.C. § 103(a) as being unpatentable over Dickinson,                                         
                   More, and Ballard.                                                                                               
                           5.     The fifth issue before the Board is whether Appellants have                                       
                   established that the Examiner erred in rejecting claims 49-55, 58-59, 61-62,                                     
                   65-82, 85, 87, and 90-101 under 35 U.S.C. § 103(a) as being unpatentable                                         
                   over Dickinson, More, and Vertelney.                                                                             
                           6.     The sixth issue before the Board is whether Appellants have                                       
                   established that the Examiner erred in rejecting claims 56-57, 63-64, 83-84,                                     
                   and 88-89 under 35 U.S.C. § 103(a) as being unpatentable over Dickinson,                                         
                   More, Vertelney, and Ballard.                                                                                    


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