Appeal 2007-0870 Reissue Application 09/902,904 Patent 6,038,784 The following prior art2 was relied upon by the Examiner: Slipp GB 160,098 17 Mar. 1921 Son US 2,472,028 31 May 1949 Fox US 2,979,900 18 Apr. 1961 Folini CH 685,919 A5 15 Nov. 1995 Chang US 5,492,237 20 Feb. 1996 Slipp, Son, Fox, Folini, and Chang qualify as prior art under 35 U.S.C. § 102(b). In deciding this appeal, we have considered only the following: (a) the Reissue Specification, including original claims, (b) the Non-Final Rejection entered 22 November 2005, (c) the Interview Summary mailed 16 May 2006, (d) the Appeal Brief ("Br.") filed 23 May 2006, (e) the Examiner's Answer ("Answer") mailed 29 June 2006, (f) the PTO bibliographic data sheet for the Reissue Application on appeal, (g) US Patent 6,038,784, which is the patent sought to be reissued, (h) Slipp, (i) Son, (j) Fox, (k) Folini, (l) Chang, and (m) claims 2, 4-7, and 9-34 on appeal. The rejections under review in this appeal are as follows:3 (1) Claim 2 stands rejected under 35 U.S.C. § 112, second paragraph, as indefinite in reciting "such as." (2) Claims 2, 4-7, 9, 22-26, and 29 stand rejected under 35 U.S.C. § 102(b) as anticipated by Slipp. 2 The reader should know that no references to et al. are made in this opinion. 3 The Examiner has withdrawn the following rejections, i.e., the rejection of (i) claims 4-7, 15-17, 22, 24-26, and 29 under § 112, first paragraph (lack of written description), (ii) claims 4-7, 15-17, 22, 24-26, and 29 under § 112, second paragraph (indefiniteness), and (iii) claim 21 under § 102(b) as anticipated by Son (Answer, 12). 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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