Appeal 2007-1432
Application 09/141,186
Patent 5,549,673
39. Ultimately, reissue claims 4-15 were cancelled and reissue
claims 16-26 were added by amendment.
40. Reissue claims 1-3 and 16-26 were finally rejected.
41. Reissue application claims 1-3 and 16-26 are before the Board
in this appeal.
42. A copy of the claims 1-3 and 16-26 under appeal is set forth in
the Claim Appendix of Appellant’s Brief.
E. Examiner’s Rejections under 35 U.S.C. § 251
43. The Examiner has rejected reissue application claims 16-26
under 35 U.S.C. § 251 maintaining that the claims seek to “recapture”
subject matter surrendered in obtaining allowance of the claims which
appear in the patent sought to be reissued.
44. The Examiner based the rejection of claims 16-26 on the
grounds that when faced in the original application with a rejection under
35 U.S.C. § 103 over Koufman, Isshiki, Stevens, and Ripple, Appellant
made significant amendments (on January 9, 1995, and May 18, 1995) to
claims 14-16 (Supp. Answer 8-9):
(A) Appellant amended dependent claim 14 (depending from
dependent claim 13 which depended from independent claim 18) into
independent form by adding the claim 14 requirement of “wherein the
holding portions on the implant bodies are H-shaped in cross section”
- 14 -
Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: September 9, 2013