Appeal 2007-0493
Application 10/289,967
Patent 6,144,380
claim at that time merely recited, regarding the "mark-up
button": "displaying handwriting written on the current page of
the book after a mark-up button has been selected".
53. The record supports the Examiner’s findings with respect to
what limitations do not appear in reissue application claims 5-15, 17-37,
39-59, 61-85, and 87-101 which were present in claim 1 of the original
application, as allowed.
54. Additionally, the Examiner has rejected reissue application
claims 1-15, 17-37, 39-59, 61-85, and 87-101 under 35 U.S.C. § 251 as
being based upon a defective reissue declaration since the present
application seeks “recapture” of subject matter surrendered in obtaining
allowance of the patent claims as noted above.
G. Examiner’s Rejections under 35 U.S.C. § 103
55. The Examiner has rejected reissue application 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.
56. The Examiner has rejected reissue application 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.
57. The Examiner has rejected reissue application 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.
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