Appeal 2007-1905
Reissue Application 10/931,249
Patent 6,444,720 B1
1 3. Appeal Brief filed on 26 September 2006 and received on
2 29 September 2006.
3 4. Examiner’s Answer entered 02 November 2006.
4 5. Reply Brief filed on 03 January 2007 and received on
5 08 January 2007.
6 6. PTO bibliographic data sheet for the reissue application on
7 appeal.
8 7. U.S. Patent 6,444,720 B1, which is the patent sought to be
9 reissued.
10 8. Okada.
11 9. Heuvelsland.
12 10. Coe.
13 11. Claims 1-14 on appeal.
14
15 C. Issue
16 The principal issue on appeal is whether Bayer has sustained its
17 burden of showing that the Examiner erred in rejecting the claims on appeal
18 as being unpatentable under 35 U.S.C. § 103(a) over Okada, Heuvelsland
19 and Coe.
20
21 D. Findings of fact
22 The following findings of fact are believed to be supported by a
23 preponderance of the evidence. To the extent that a finding of fact is a
24 conclusion of law, it may be treated as such. Additional findings as
25 necessary may appear in the Discussion portion of the opinion.
26
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