Appeal No. 82-593.

699 F.2d 1320 (1983)

In re Godfrey Newbold HOUNSFIELD.

United States Court of Appeals, Federal Circuit.

February 14, 1983.

Attorney(s) appearing for the Case

Ivan S. Kavrukov, New York City, argued for appellant; Cooper, Dunham, Clark, Griffin & Moran, New York City, on brief.

Thomas E. Lynch, Associate Sol., U.S. Patent and Trademark Office, Washington, D.C., argued for the Commissioner of Patents and Trademarks; Joseph F. Nakamura, Sol., and Jere W. Sears, Deputy Sol., Washington, D.C., on brief.

Before FRIEDMAN, NICHOLS and BALDWIN, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is an appeal from the decision of the Patent and Trademark Office Board of Appeals ("Board") affirming the rejection of certain claims in an application for reissue of a patent. The Board affirmed the examiner's rejection of the claims under 35 U.S.C. § 251 (1976), holding that the appellant had not intended to claim the subject matter of the claims in the original patent. The Board viewed such intent as required under section 251...

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