Appeal No. 97-3187
Application No. 07/999,422
claims 14 and 15 were added (see Paper No. 3, filed January
26, 1990). New claim 14 was directed to a decorative ribbon.
New claim 14 differed from proposed claim 14 in the parent
application in that it required a folded edge. New claim 15
was directed to a method of securing a wire filament along an
edge of a fabric ribbon. New claim 15 is identical to
proposed claim 15 in the parent application.
The examiner required restriction (see Paper No. 5,
mailed June 13, 1990) between Group I (claim 14) and Group II
(claim 15). The examiner stated the inventions were distinct
because
Group I and Group II are related as process of making and
product made. The inventions are distinct if either or
both of the following can be shown: (1) that the process
as claimed can be used to make another and materially
different product or (2) that the product as claimed can
be made by another and materially different process.
(MPEP 806.05(f)).
In the instant case, the ribbon of claim 14 need not be
folded around the wire filament, as required by claim 15.
The appellants' response to the restriction requirement
(see Paper No. 6, filed July 3, 1990) amended claim 14 so that
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