Appeal No. 2005-0841
Application No. 08/230,083
subject matter may avoid the effect of the recapture rule; thus, if
a reissue claim is broader in a way that does not attempt to
reclaim what was surrendered earlier, the recapture rule may not
apply. The court in Mentor held that the reissue claims did not
avoid the recapture rule since
the reissue claims are broader than the original patent
claims in a manner directly pertinent to the subject
matter surrendered during prosecution. Mentor thus
attempted to reclaim what it earlier gave up. Moreover,
the added limitations do not narrow the claims in any
material respect compared with their broadening.
Id.
A-31
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