Ex Parte Dunn et al - Page 8

                 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).                                                                      

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