United States Federal Circuit

A decision of the Board of Patent Appeals and Interferences rejecting certain claims of a broadening reissue application is reversed, where: 1) an earlier broadening reissue application had been filed within the two-year statutory period of 35 USC section 251, and an applicant is not barred from making further broadening changes after the two-year period in the course of the prosecution of the reissue application; and 2) this rule is not limited to situations where later broadened claims are related to, or are directed to the same embodiment as in the original application.

Appellate Information

• Decided 03/05/2012
• Published 03/05/2012

Judges

• Dyk

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John M. Whealan, William Lamarca