Appeal No. 2000-1763 Page 2
Application No. 09/227,037
BACKGROUND
The appellant's invention relates to a method of making a disposable tubular device. An
understanding of the invention can be derived from a reading of exemplary claims 1, 7, 12 and
15, which appear in the appendix to the appellant's brief.
The following rejections are before us for review.
(1) Claims 1-15 stand rejected under 35 U.S.C. § 251 as being based upon new matter
added to the patent for which the reissue is sought.
(2) Claims 1-15 stand rejected under 35 U.S.C. § 112, first paragraph, as containing
subject matter which was not described in the specification in such a way as to reasonably
convey to one skilled in the relevant art that the inventor, at the time the application for patent
was filed, had possession of the claimed invention.
(3) Claims 1-15 stand rejected under 35 U.S.C. § 112, first paragraph, because the
specification, while being enabling for a first and second die, does not reasonably provide
enablement for a single die or no die.
Reference is made to the brief (Paper No. 11) and the final rejection and answer (Paper
Nos. 6 and 12) for the respective positions of the appellant and the examiner with regard to the
merits of these rejections.
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