Appeal No. 1998-0454 Page 3
Application No. 08/417,985
No reissued patent shall be granted enlarging the
scope of the claims of the original patent unless
applied for within two years from the grant of the
original patent.
Since this reissue application was filed more than two
years from the grant of the original patent, we must determine
whether the amended and newly added claims enlarge the scope of
the claims of the original patent. Further, it must be
determined whether the error alleged to have been in the
original patent is of the type for which 35 U.S.C. 251 permits
correction.
As is clear from a review of the original claim 1 and the
amended claim 1, the subject of this appeal, and from
appellants’ comments, at page 7 of the brief, there was an
error in claim 1 of the original patent. Whereas that claim 1
recited that the tape feeding direction change-over mechanism
was operated to move the trigger member to cancel the arresting
condition by said arresting mechanism, this is inconsistent
with the disclosure which makes it clear, as amended claim 1
now makes clear, that the tape feeding direction change-over
mechanism does not move the trigger member to cancel the
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