Appeal 2006-1068
Reissue Application 08/425,766
For a complete exposition of the opposing viewpoints expressed by the
Appellants and by the Examiner concerning the above noted rejection, we refer to
the several briefs (including reply briefs) and to the several answers (including
supplemental answers).
FINDINGS
1. The Appellants’ ‘267 patent matured from application no. 07/804,474,
filed December 6, 1991, which was a continuation of application no. 07/643,419,
filed January 22, 1991, abandoned.
2. The ‘419 application was filed with original claims which included
independent claim 1 directed to a waste disposal apparatus comprising a first
combustion chamber, a second combustion chamber and “a liquid filter for
capturing particulate matter contained in said fired exhaust and for chemically
treating said exhaust to reduce the quantity of CO, NO, and SO contained in said
fired exhaust.” This liquid filter limitation corresponds to the limitation omitted
from appealed claim 1 which omission is regarded by the Examiner as violating the
recapture rule. The ‘419 application included other original independent claims
drawn to a method for disposing of waste material and a
waste disposal system, and these other independent claims included similar filter
limitations.
3. In response to a restriction requirement, the claims elected for
prosecution in the ‘419 application included independent claim 1, and this claim
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