Appeal No. 2006-0123
Application 09/553,413
carriers made in the form of enveloping structures”. Since
claim 15 is a subcombination claim which claims only the mold
assembly rather than the manufacturing device claimed in
combination claim 1, claim 15 does not include the mold carriers
but, rather, limits the shape of the shell holders to be
supported by two mold carriers made in the form of enveloping
structures. That limitation appears in each of the other new
independent claims in the reissue application, i.e., claims 35,
36 and 39.
The examiner argues that the reissue claims are broader than
the patent claims because the patent claims claim a combination
which includes the mold carriers, whereas the reissue claims
claim a subcombination which does not require the mold carriers
(answer, pages 6-10). Thus, the examiner argues, the appellants
are recapturing subject matter that does not require the mold
carrier limitation. See id.1
1 The examiner also argues that “shell holders being shaped to be supported by
two mold carriers made in the form of enveloping structures” does not limit the structure
of the shell holders because no shape is given to the shell holders in figure 1 of the ‘560
4
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007