Appeal 2006-1989
Application 09/772,278
Patent 5,996,948
(2) Second, Appellant amended originally filed claim 1 to
add a limitation reading “affixed to the upper rim adjacent one end thereof
and to said lower rim at a relatively equal distance below the point of
attachment to said upper rim.”
D. Examiner’s Rejections
(1)
35 U.S.C. § 251
34. The Examiner rejected reissue application claims 1-5 and 7 as
being unpatentable under 35 U.S.C. § 251 for recapturing subject matter
surrendered in obtaining allowance of claims during prosecution of the
application which matured into the patent sought to be reissued.
35. The Examiner applied the three step Pannu test to determine
recapture.
36. The Examiner reasoned as set forth in pages 2-6 of the Final
Office Action entered December 30, 2004. Particularly, the Examiner
reasoned that the following broadened (by deletion) aspects of reissue claim
1, related to surrendered subject matter:
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