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IN RE BENNETT

Appeal No. 84-778.

766 F.2d 524 (1985)

In re Richard N. BENNETT.

United States Court of Appeals, Federal Circuit.

June 28, 1985.

Attorney(s) appearing for the Case

Paul M. Craig, Jr., Craig & Burns, Washington, D.C., argued for appellant. With him on brief was Frederick F. Calvetti.

Henry W. Tarring, III, Associate Sol., U.S. Patent and Trademark Office, Arlington, Va., argued for appellee. With him on brief were Joseph F. Nakamura, Sol. and Jere W. Sears, Washington, D.C.

Before MARKEY, Chief Judge, FRIEDMAN, RICH, DAVIS, Circuit Judges, SKELTON, Senior Circuit Judge, BALDWIN, KASHIWA, BENNETT, MILLER, Senior Circuit Judge, SMITH, NIES, NEWMAN, and BISSELL, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

This appeal is from the decision of the United States Patent and Trademark Office (PTO) Board of Appeals (Board), rejecting claims 24-39 of reissue patent application Serial No. 036,745 of Richard N. Bennett under 35 U.S.C. § 251, on the ground that a broadening reissue application that was filed within two years of the patent's issue date but was erroneously filed by the assignee could not be corrected by a declaration of the inventor...

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