Appeal No. 2007-0441
Reissue Application 10/155,945
Patent 5,311,959
1 With reference to Figs. 1-2 of the drawings, as filed, claim 1 of the original
2 application, as filed, reads as follows [matter in brackets added]:
3 A mine tool roof bit insert [Fig. 1, element 1] having two
4 flat parallel sides extending in the long dimension of the
5 insert [Fig. 1, elements 2 and 3] and having two
6 uppermost slanted surfaces [Figs. 1 and 2, elements 4
7 and 5] extending between said two flat parallel sides, the
8 insert having a trough [Figs. 1 and 2, element 6] at the
9 top thereof, the trough being substantially orthogonal to
10 the flat parallel sides, the trough being between the two
11 uppermost slanted surfaces.
12
13 Prosecution leading up to the patent
14 The Examiner determined that claim 1 was anticipated by U.S. Patent
15 4,342,368 to Denman. Office action entered 03 February 1993.
16 Applicant essentially “confessed and avoided” by amending claim 1 to read
17 as follows (italicized matter added):
18 A mine tool roof bit insert having two flat parallel sides
19 extending in the long dimension of the insert and having
20 two uppermost slanted surfaces extending between said
21 two flat parallel sides, the insert having a trough at the
22 top thereof, the trough being substantially orthogonal
23 along its entire length to the flat parallel sides, the trough
24 being between the two uppermost slanted surfaces.
25
26 In the amendment presenting the change to claim 1, Applicant argued as
27 follows:
28 Specifically, Claim 1 has been amended as indicated in
29 order to distinctly point out that the trough … is
30 substantially orthogonal along its entire length to the two
31 flat parallel sides. A review of Denman ’368,
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013