Appeal No. 2002-0494 Page 3
Application No. 29/102,729
The design claim stands rejected as follows:
(1) under 35 U.S.C. § 112, first paragraph, as failing to comply with the description
requirement thereof inasmuch as the disclosure of this reissue application directed to
two additional embodiments shown in Figures 8-202 introduces new matter not
supported by the disclosure of U.S. Patent No. Des. 378,692 as originally filed;
(2) under 35 U.S.C. § 251 as based upon new matter added to the patent by inclusion
of Figures 8-20 directed to two additional embodiments;
(3) under 35 U.S.C. § 251 since it is not for the same invention as that disclosed in the
original patent because of the inclusion of two additional design embodiments directed
to just the bow and stern for an aquatic board and an aquatic board of indeterminate
length;
(4) under 35 U.S.C. § 171 as directed to more than a single patentably distinct design
by claiming both combination/subcombination subject matter for an aquatic board in its
entirety as well as a separate design embodiment directed to just bow and stern for an
aquatic board; and
(5) under 35 U.S.C. § 251 as lacking defect in the original application and lack of error
in obtaining the original patent since the original patent would not have been granted to
patentably distinct combination/subcombination designs under a single claim.
2 Figures 15 to 20 were added by the appellant to this reissue application in the response filed
September 13, 2000 .
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