Ex parte TANAKA et al. - Page 5




          Appeal No. 1998-0454                                       Page 5           
          Application No. 08/417,985                                                  


               We now analyze the change in claim language from claim 1               
          of the original patent to the amended claim 1 of the instant                
          reissue application.  The amendment merely changes clearly                  
          inoperative language to language which more precisely describes             
          the proper operation of the device, including the                           
          interrelationship between the transmission member, the tape                 
          feeding direction change-over member, the trigger member, the               
          arresting mechanism and the first and second operating members.             
          We find nothing in this amendment which broadens the scope of               
          the claim as a whole in any manner whatsoever.                              


               While the examiner has alleged that the added limitations              
          “involve an undue broadening of the claimed invention” [answer,             
          page 7], it is not clear from the examiner’s rationale what,                
          exactly, is alleged to have been broadened.  The sole reasoning             
          of the examiner appears to be that amended claim 1, instead of              
          encompassing a single operating state, establishes plural                   
          operational states in that, now, either the first or second                 
          operating member is given the potential of being advanced                   
          [answer-bottom of page 4] and/or that the recitation regarding              
          “when the reel receiving elements stop...the arrested condition             







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