Appeal No. 1997-4067
Application 08/285,324
first resolution)
D 1(d) --
E 1(e)- diffusing 1(e)
E' 1(e)- based on --
weighting
coefficients
Thus, roughly, claim 4 of the present application
(which incorporates by reference the limitations of claim 1)
recites limitations ABCDEE' and claim 1 of the '821 patent
recites BCE. We assume that the '821 patent discloses
limitations ADE. BCE of the '821 patent "covers" the
limitations ABCDEE' of claim 4 now sought to be patented.
Schneller had a similar situation where the claims of the
patent were directed to ABCX and the application claims to
ABCXY were held to extend the term of patent protection
because ABCXY was disclosed to be the best mode in the
patent and Schneller had clearly intended to cover and
protect that embodiment with the claim to ABCX.
However, the second condition of Schneller is not
satisfied. Here, the present invention, the '328
application, and the application on which the '821 patent is
based were all filed the same day and to different
inventions. Thus, there is good reasons why the present
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