Appeal 2007-1119
Application 10/200,207
A. Introduction
Applicants appeal under 35 U.S.C. § 134 from the final rejection of
claims 1–25, all the claims of their application for reissue of U.S. Patent
6,248,219 B1 ("219 patent"). We have jurisdiction under 35 U.S.C. § 6.
Oral argument was heard on 2 May 2007 before a court reporter.
This appears to be a case of first impression, in which Applicants seek
to expand the term of their patent, but not to change the scope of the
patented subject matter. Specifically, Applicants argue that had they filed
continuing applications under 37 C.F.R. § 1.53(b) rather than erroneously
under § 1.53(d), they would have been granted a patent having a term of
17 years from the date of issue, that being greater than the term of 20 years
from the earliest application specifically referenced in their application, as
provided for by 35 U.S.C. § 154(c).
We hold that Applicants are not entitled, under 35 U.S.C. § 251, to the
relief they seek. In particular, Applicants are precluded by the statute from
expanding the term of their originally issued patent. Moreover, we hold that
§ 154(c) would not have applied to continuing applications filed under
Rule 53(b), so the specific correction they seek would not yield the
expanded term they believe they are entitled to. Finally, even if the relief
they seek were available under the statute and would yield the expanded
term they want, Applicants have failed to show that the choices they made to
file continuing applications under Rule 53(d) were actually inadvertent
errors correctable by reissue.
Accordingly, the Examiner's rejection is AFFIRMED.
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