Appeal No. 97-3187
Application No. 07/999,422
7 through 12 were directed to a method of securing a wire
along an edge of a fabric ribbon. Claim 13 was directed to a
stitching machine for producing a decorative wired ribbon.
The examiner required restriction (see Paper No. 5,
mailed July 18, 1989) between Group I (claims 1 through 12)
and Group II (claim 13). The appellants elected Group I and
canceled claim 13 (see Paper No. 6, filed August 21, 1989).
The examiner then allowed claims 1 through 12 (see Paper
No. 7, mailed September 5, 1989).
The appellants submitted an amendment and petition under
Rule 312 (37 CFR § 1.312) (see Paper No. 10, filed September
26, 1989). The amendment presented proposed claims 14 and 15
and the appellants stated on page 3 of the petition that the
proposed claims were "intended to ensure that the applicant is
adequately protected against infringers -- two of which have
already been discovered." Proposed claim 14 was directed to a
decorative ribbon. Proposed claim 14 differed from allowed
claim 1 in that it did not require the wire filament to be
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