Appeal 2007-0700
Application 09/159,509
Patent 5,559,995
U.S.C. 1292(b) and Fed. R. App. P. 5(a)(3). But, I have not been favored
with a magic wand, and more to the point, the statute and rules do not
authorize the Board to certify a question to the Federal Circuit.
Accordingly, it is my view that we should continue to affirm rejections
raising issues similar to those on appeal, even if fairly debatable, until an
appeal is taken to the Federal Circuit and the Federal Circuit is able to
resolve the issue. A decision by the Federal Circuit would assist the Patent
Office in resolving these somewhat complicated recapture issues.
I respectfully urge applicant to consider an appeal to the Federal
Circuit.
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