Appeal 2006-1675
Application 10/415,798
I. Brief Summary of Prosecution History Prior to Appeal
The record shows that Appellant filed a first submission of national
application papers on May 2, 2003. Those papers included a copy of an
unexecuted declaration identifying PCT Application No. PCT/DE02/03185,
an English translation of a Specification, and a Preliminary Amendment.
The Specification, as translated, is directed to a heating element including “a
stranded wire (6, 6’) . . . [having ] a relatively large number of filaments
wires” (Specification Translation 3). The Specification also discloses that
“[t]he stranded wire is twisted only loosely” (id.).
In the Preliminary Amendment, Appellant (1) significantly amended
the content of the May 2, 2003 English translation of the Specification, (2)
canceled original claims 1-8 and presents new claims 9-27, and (3) presented
amended Figure 1. After further application papers were filed on September
12, 2003, a NOTICE OF ACCEPTANCE OF APPLICATION UNDER 35
U.S.C. 371 AND 37 CFR 1.495 was mailed on October 07, 2003. On this
record, it is unclear whether the Preliminary Amendment was considered as
part of the original application.
The Preliminary Amendment to the Specification principally added
the content of original claims 1-8 to the content of the Specification. The
Preliminary Amendment also amended the Specification to include a
reference to a heating element having a “stranded wire . . . with a plurality of
filament wires and [the strand] is only loosely twisted” (Preliminary
Amendment 3; emphasis deleted) and to “loosely wound filament wires” (id.
at 6; emphasis deleted). Newly added independent claim 9 recites “a
stranded wire (6, 6’) . . . comprising a plurality of filament wires (9, 9’)
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