No. 91-1298.

953 F.2d 613 (1991)

In re James R. AMOS, Chester K. Greathouse and David S. Riddle.

United States Court of Appeals, Federal Circuit.

December 31, 1991.

Attorney(s) appearing for the Case

Marvin Moody, of Hill, Van Santen, Steadman & Simpson, Chicago, Ill., argued, for appellants.

Lee E. Barrett, Associate Sol., Arlington, Va., argued, for the Commissioner of Patents and Trademarks. With him on the brief was Fred E. McKelvey, Sol.

Before MAYER, LOURIE and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

James R. Amos, Chester K. Greathouse, and David S. Riddle (collectively, "patentees") submitted an application for a broadened reissue of U.S. Patent No. 4,610,582 ("582 patent"). New claims 10 through 12 were finally denied after appeal to the Board of Patent Appeals and Interferences ("Board") of the U.S. Patent and Trademark Office ("PTO") because the "failure to claim the subject matter of claims 10 through 12 was not the result of the...

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