Appeal No. 2006-2248
Application No. 10/158,618
(6)
What subject matter is surrendered?
In a case involving Substep (3)(a) of Clement, what is the subject matter
surrendered?
Is it
(1) the subject matter of an application claim which was amended
or canceled or
(2) the subject matter of an application claim which was amended
or canceled and, on a limitation-by-limitation basis, the territory
falling between the scope of
(a) the application claim which was canceled or amended
and
(b) the patent claim which was ultimately issued?
We believe North American Container stands for the proposition that it is (2) and
not (1). Accordingly, we hold that it is (2).
- 26 -
Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: November 3, 2007