Appeal No. 1998-0454 Page 4
Application No. 08/417,985
arresting condition by the arresting mechanism. Rather, the
transmission member (131 in Figure 2) moves the trigger member
(285 in Figure 16) and the trigger member operates the tape
feeding direction change-over mechanism (126 in Figure 1). The
cancellation of the arresting condition depends on whether one
of the first or second operating members (108, 109 in Figure 1)
is advanced while the other operating member is arrested or the
reel receiving elements stop with the other operating member
being arrested.
Thus, it is clear that an error occurred in the patent
which makes the original patent either wholly or partly
inoperative or invalid. Appellants have declared that the
error occurred without any deceptive intention and the examiner
does not contend otherwise. Thus, it is clear to us that the
error in claim 1 of the original patent is of the type
permitted to be corrected by 35 U.S.C. 251. We are in
agreement with appellants that what they are doing is
correcting a clear mistake which is precisely the purpose of
the reissue statute.
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