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IN RE STAATS

No. 2010-1443. Serial No. 11/503,541.

671 F.3d 1350 (2012)

In re Erik P. STAATS and Robin D. Lash.

United States Court of Appeals, Federal Circuit.

March 5, 2012.

Attorney(s) appearing for the Case

John M. Whealan , of Silver Spring, Maryland, argued for appellants. Of counsel on the brief were Jeffrey A. Lamken and Lucas M. Walker , MoloLamken LLP, of Washington, DC, Robert A. Hulse , Fenwick & West, LLP, of San Francisco, California, and Richard J. Lutton, Jr. , Apple Inc., of Cupertino, California.

William Lamarca , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With him on the brief were Raymond T. Chen , Solicitor, and Janet Gongola , Associate Solicitor.

Opinion for the court filed by Circuit Judge DYK. Concurring opinion filed by Circuit Judge O'MALLEY.

DYK, Circuit Judge.

Appellants Erik P. Staats and Robin D. Lash (collectively "Staats") appeal a decision of the Board of Patent Appeals and Interferences ("Board"). The Board rejected claims 12-32 of Staats's reissue application as being broadened by a reissue application outside of the two-year time limit imposed by 35 U.S.C. § 251. See Ex parte Staats ("Board Decision"), No. 2009-007162, 2010 WL 1725728 (B.P.A.I. Apr. 26, 2010). We reverse and...

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