Appeal 2007-0493
Application 10/289,967
Patent 6,144,380
43. U.S. Patent 6,144,380 issued November 7, 2000, based on the
original application and contained claims 1-4.
E. Prosecution of reissue application
44. Appellants filed reissue application 10/289,967 on November 7,
2002, seeking to reissue U.S. Patent 6,144,380.
45. Appellants presented original patent claims 1-4 along with new
reissue application claims 5-101 for consideration.
46. Ultimately, reissue claims 1-15, 17-37, 39-59, 61-85, and
87-101 were rejected.
47. Reissue application claims 1-15, 17-37, 39-59, 61-85, and
87-101, are before the Board in this appeal.
48. A copy of the claims 1-15, 17-37, 39-59, 61-85, and 87-101
under appeal is set forth in the Claim Appendix of Appellants’ Reply Brief.
F. Examiner’s Rejections under 35 U.S.C. § 251
49. The Examiner has rejected reissue application claims 5-15,
17-37, 39-59, 61-85, and 87-101 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.
50. The Examiner based the rejection of claims 5-15, 17-37, 39-59,
61-85, and 87-101 on the grounds that when faced in the original application
with a rejection under 35 U.S.C. § 103 over Norwood, Friend, and
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