Appeal 2007-2140
Application 09/892,790
Patent 5,917,679
C. Prosecution of reissue application
18. Appellants filed reissue application 09/892,790 on June 28,
2001, seeking to reissue U.S. Patent 5,917,679.
19. Appellants presented original patent claims 1-20 along with
new reissue application claim 21-60 for consideration.
20. Ultimately, reissue claims 21, 30-32, and 41 were rejected.
21. Reissue application claims 21, 30-32, and 41 are before the
Board in the appeal.
22. Copies of the independent claims 21 and 31 under appeal are
set forth in the Statement of the Case supra.
D. Examiner’s Rejection under 35 U.S.C. § 102(a)
23. Claims 21, 30-32 and 41 were rejected under 35 U.S.C.
§ 102(a) as being unpatentable over Nepela et al (Nepela), U.S. Patent
5,568,981, issued October 29, 1996, based on an application filed April 10,
1995.
24. Nepela is prior art to applicants under 35 U.S.C. § 102(e).
25. During prosecution, Appellants made no attempt to antedate (37
CFR § 1.131) Nepela.
principal surface could alternatively be viewed as a side wall portions of the
rear ABS platforms.
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