Appeal 2007-1905
Reissue Application 10/931,249
Patent 6,444,720 B1
1 We have jurisdiction under 35 U.S.C. § 6(b).
2 The reissue application on appeal was filed on 31 August 2004.
3 The reissue application seeks to reissue Patent 6,444,720 B1, issued
4 03 September 2002, based on application 09/959,253, filed 11 April 2000.
5 The real party in interest is Bayer Aktiengesellchaft.
6 Appellants [hereafter "Bayer"] claim benefit of an earlier filing date
7 based on (1) PCT/EP00/03218, filed 11 April 2000, and (2) German patent
8 application 199 18 726, filed 24 April 1999.
9 The Examiner rejected claims 1-14 (all of the claims) under 35 U.S.C.
10 § 103(a) as being unpatentable over Okada, Heuvelsland and Coe. (The
11 reader should know that no references to et al. are made in this opinion.)
12 The following prior art was relied upon by the Examiner.
13
14 Name Patent Number Issue Date
15 Heuvelsland US 5,010,187 23 Apr. 1991
16 Coe US 5,177,117 05 Jan. 1993
17 Okada EP 0,622,388 A1 02 Nov. 1994
18
19 Okada, Heuvelsland, and Coe are prior art under 35 U.S.C. § 102(b).
20
21 B. Record on appeal
22 In deciding this appeal, we have considered only the following
23 documents:
24 1. Reissue specification, including original claims.
25 2. Final Rejection entered 27 April 2006.
2
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