¶ 14.21.09.fti    Rejection, Pre-AIA 35 U.S.C. 251, No Error Without Deceptive Intention - Application filed Before Sept. 16, 2012, External Knowledge

Claims [1] rejected under pre-AIA 35 U.S.C. 251  because this application was filed before September 16, 2012 and error "without any deceptive intention" has not been established. In view of the judicial determination in [2] of [3] on the part of applicant, a conclusion that any error was "without deceptive intention" cannot be supported. [4]

Examiner Note:

1. In bracket 1, list all claims in the reissue application.

2. In bracket 2, list the Court or administrative body which made the determination of fraud or inequitable conduct on the part of applicant.

3. In bracket 3, insert --fraud--, --inequitable conduct-- and/or --violation of duty of disclosure--.

4. In bracket 4, point out where in the opinion (or holding) of the Court or administrative body the determination of fraud, inequitable conduct or violation of duty of disclosure is set forth. Page number, column number, and paragraph information should be given as to the opinion (or holding) of the Court or administrative body. The examiner may add explanatory comments.

5. Do not use this form paragraph in a reissue application filed on or after September 16, 2012.