Appeal 2007-1905
Reissue Application 10/931,249
Patent 6,444,720 B1
1 for adding a reader to the Bevan/SSR combination are the same as those for
2 using readers in other children's toys; Leapfrog presented no evidence that
3 the inclusion of a reader was uniquely challenging or difficult for one of
4 ordinary skill in the art).
5
6 G. Conclusions of law
7 Bayer has not sustained its burden on appeal of showing that the
8 Examiner erred in rejecting the claims on appeal as being unpatentable under
9 35 U.S.C. § 103(a) over Okada, Heuvelsland and Coe.
10 On the record before us, Bayer is not entitled to a reissue patent
11 containing claims 1-14.
12
13 H. Decision
14 ORDERED that the decision of the Examiner rejecting
15 claims 1-14 over Okada, Heuvelsland and Coe is affirmed.
16 FURTHER ORDERED that no time period for taking any
17 subsequent action in connection with this appeal may be extended under
18 37 C.F.R. § 1.136(a)(1)(iv) (2006).
19
20 AFFIRMED
21
19
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