Appeal No. 2006-0123
Application 09/553,413
The claim limitation added to get the ‘560 patent issued
expressly limits the two mold carriers such that they are made in
the form of enveloping structures, but also implicitly limits the
shape of the shell holders to shapes that can be supported by
such enveloping mold carriers. That limitation on the shape of
the shell holders has been retained in the reissue claims to the
mold assembly subcombination. The new reissue claims cannot
include the mold carriers because the mold carriers are not part
of the claimed mold assembly subcombination.
Thus, the appellants are not recapturing subject matter
pertaining to the claimed mold assembly that was surrendered to
get the ‘560 patent issued. Consequently, we reverse the
examiner’s rejection based upon recapture.
patent (answer, page 9). The examiner is incorrect because that claim language limits
the shell holders structurally to shapes that they are capable of being supported by two
mold carriers made in the form of enveloping structures.
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