Appeal No. 2002-0494 Page 2
Application No. 29/102,729
BACKGROUND
The appellant's invention relates to a design for a transparent aquatic board.
The claim on appeal is: The ornamental design for a Transparent Aquatic Board as
shown and described.
U.S. Patent No. Des. 378,692 issued April 1, 1997 containing Figures 1 to 7 and
the written description of those figures.
In the reissue declaration accompanying the reissue application, the appellant
states:
I believe the patent to be wholly or partly inoperative or invalid by reason
of my claiming less than I had a right to claim, namely, an aquatic board as
shown and described in Figs. 1 to 14 of the accompanying drawing.
The errors arose by reason of my and my attorney of record not realizing
at the time of prosecuting the issued patent that broader claim coverage could
be obtained than what was obtained. In analyzing the claim and drawings in the
issued patent, it was determined to distinguish patentably over the prior art, that
the fin and the mast box of the aquatic board were not required to be shown in
full line, but only in broken lines, as environment, that the central portion of the
board could be longer or shorter than originally shown and could thus be
indicated broken with dashed lines to indicate that the exact length was not
considered a distinguishing feature, and that the graphics of the alternative
embodiment of Fig. 7 were not necessary to be present in just the form shown,
but could be indicated in broken lines as environment without detracting from the
patentable content of the design.
The errors arose without any deceptive intention on the part of the
undersigned applicant.
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