Appeal 2007-1119
Application 10/200,207
B. Background and Findings of Fact
The following findings of fact and those set out in the opinion are
supported by a preponderance of the evidence of record. Any conclusions of
law should be treated as such.
The Reissue Application
1. The invention relates to a process and an apparatus for sputtering the
surface of an object. However, because no aspect of the technology is
necessary to understand the issues on appeal, we shall not describe the
invention further.
2. According to Applicants, the real party in interest is Unaxis Balzers
AG of Fuerstentum, Lichtenstein. (Supplemental Appeal Brief ("Br."), filed
7 September 2006, at 1.)
3. Applicants seek reissue of U.S. Patent 6,248,219 B1 ("219 patent").
Prosecution History of the 219 Patent
4. The 219 patent issued from application 08/418,256
("256 application"), filed on 4 April 1995.
5. The first sentence of the specification of the 219 patent reads:
This is a continuation of application Ser. No.
08/250,093, filed May 26, 1994 now abandoned, which is
a continuation of Ser. No.
08/033,142, filed Mar. 16, 1993 now abandoned, which
is a continuation-in-part of Ser. No.
07/829,739, filed Jan. 31, 1992, now abandoned, which is
a continuation of Ser. No.
07/579,068, filed Sep. 6, 1990, now abandoned, which is
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