Appeal 2007-1432 Application 09/141,186 Patent 5,549,673 (5) Since we have entered a new rejection, our decision is not a final agency action. VII. DECISION Upon consideration of the record, and for the reasons given, we affirm the rejection of claims 16-26 under 35 U.S.C. § 251 based on recapture; we reverse the rejection of claims 1-3 under 35 U.S.C. § 251 based on a defective reissue oath; we reject reissue claims 18 and 20-26 under 35 U.S.C. § 251; and we reject reissue claims 16-26 under 35 U.S.C. § 112, second paragraph. - 52 -Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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