Appeal No. 2006-0123
Application 09/553,413
OPINION
We affirm the rejection based upon the reissue declaration
being defective and reverse the rejection based upon recapture.
Rejection based upon the reissue
declaration being defective
The appellants do not challenge the rejection based upon the
reissue declaration being defective but, rather, state that they
will provide a supplemental reissue declaration (brief, page 2).
We therefore summarily affirm that rejection.
Rejection based upon recapture
Appendix C of the appellants’ brief shows that to get the
‘560 patent issued the appellants amended claim 1 during
prosecution to include, after “two mold carriers (3)”, “which are
made in the form of enveloping structures and”, and that claim 1
of the issued ‘560 patent, which is the sole independent claim in
that patent, includes that limitation. Appendix C also shows
that claim 1 claims a device for manufacturing containers and
that new claim 15 of the reissue application claims a mold
assembly, i.e., a subcombination as opposed to the combination
claimed in claim 1, and that claim 15 includes the limitation
“said shell holders being shaped to be supported by two mold
3
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