Appeal 2006-1454
Application 09/004,524
Patent 5,483,421
B. The Prima Facie Case
(1)
Examiner’s First Theory of the Rejection
Our Findings of Fact 81-85 set out the basis upon which the Examiner
originally made a recapture rejection in the Final Office Action. As noted in
Finding of Fact 86, the record supports the Examiner’s findings.
Basically, in the application which matured into the patent now sought to be
reissued, the Examiner rejected originally filed independent claims 1 and 7 over
the prior art. Applicants proceeded to re-write application claim 1 by adding
limitations. Amended application claim 1 issued as patent claim 1. Applicants
also proceeded to re-write application claim 7 by adding limitations. Amended
application claim 7 issued as patent claim 7.
The Examiner made six points in Findings of Fact 83 and 84:
(1) reissue claims 21-23 and 34 are broader than the original patent claims
by the following two limitations: (1) the requirement that the material
of the chip carrier is a “glass filled epoxy” has not been included in
these claims; and (2) the requirement of “said chip carrier having a
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