Ex parte STURM et al. - Page 7




          Appeal No. 97-3187                                                          
          Application No. 07/999,422                                                  


          claim 15 from Application No. 07/470,974).  Claims 3 and 4                  
          were broader claims directed to a decorative ribbon.  Claims 5              
          and 6 were broader claims directed to a method of securing a                
          wire along an edge of a web of fabric ribbon.  Claims 3                     
          through 6 were broader than claims 1 and 2 since they were not              
          limited to the ribbon fabric being folded around the wire                   
          filament.                                                                   


               The reissue declaration of Lillian P. Sturm (the reissue               
          declaration) filed with this application avers that                         
               the patentees failed to appreciate and recognize that the              
               claims as presented unduly limit the claimed ribbon and                
               the method of manufacturing the ribbon to only the                     
               embodiment wherein the ribbon fabric is specifically                   
               folded around the wire filament . . . the above errors                 
               arose because the patentees and counsel, throughout the                
               prosection of the application that matured into the '095               
               patent, focused only on the claims encompassing the                    
               embodiment of the invention wherein a fold is provided                 
               for surrounding the wire filament.  Specific attention                 
               was not directed to claiming the embodiment disclosed                  
               wherein the fold is absent and the wire filament is                    
               simply positioned along the edge of the web of ribbon                  
               material and surrounded by the binding and trim filaments              
               [pp. 2-3].                                                             

               The examiner finally rejected claims 1 through 6 (see                  
          Paper No. 18, mailed November 13, 1995) under 35 U.S.C.  251               

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