In Re Richard N. Bennett
Court of Appeals for the Federal Circuit
1Opinion of the Court
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 as-signee could not be corrected by a declaration of the inventor filed more than two *525years after the patent’s issue date. We reverse.
Background
The application at bar was filed on May 7, 1979…
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