Appeal 2007-1432
Application 09/141,186
Patent 5,549,673
6. With respect to the rejection under 35 U.S.C. § 251 of claims
16-26, the panel affirms the decision of the Examiner.
7. With respect to the rejection of claims 1-3, the panel reverses
the decision of the Examiner.
Affirmed-In-Part2
II. ISSUES
1. The first issue before the Board is whether Appellant has
established that the Examiner erred in rejecting claims 16-26 under
35 U.S.C. § 251 based on recapture.
2. The second issue before the Board is whether Appellant has
established that the Examiner erred in rejecting claims 1-3 and 16-26 under
35 U.S.C. § 251 based on a defective reissue oath.
III. FINDINGS OF FACT
The following findings of fact (FF) are supported by a preponderance
of the evidence.
A. The Invention of U.S. Patent 5,549,673
1. According to Appellant (U.S. Patent 5,459,673, col. 1,
ll. 10-13):
This invention relates to the field of phonosurgery and,
more particularly, to implants, instruments and a method
2 Also, two new grounds of rejection have been added in Section VI of this
decision.
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