Appeal No. 98-0377
Application 08/573,460
subsequent to the payment of the issue fee on May 13, 1995 and
a short time prior to the issuance of the patent on November
7, 1995, of a flexible cutting line distributed by Arnold
Corporation under the trademark “MAXIEDGE” (see the original
reissue declaration at page 4);
c) the patentee became aware of the dimensional
characteristics of the “MAXIEDGE” line on September 4, 1995
(see the supplemental reissue declaration at page 1);
d) the patentee, determining that the limitations in
dependent patent claim 10 were not encompassed by the
“MAXIEDGE” line, presented claims 1 and 17 in the reissue
application “amended to substantially incorporate the subject
matter of original dependent Claim 10" (original reissue
declaration, page 5); and
e) the patentee chose to correct the errors forthwith by
way of reissue because issuance of the patent was considered
to be imminent (see the supplemental reissue declaration and
page 5 in the original reissue declaration);
In addition, the original reissue declaration includes
plural statements by the patentee that the errors in question
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