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
7
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