Appeal 2006-1865
Application 09/660,433
Patent 5,802,641
4. The Examiner rejected claims 14-100 under 35 U.S.C. § 251 as being
an improper recapture of surrendered subject matter (Supplemental Examiner’s
Answer 2-5). Claims 1-13 are not rejected.
5. With respect to the rejection under 35 U.S.C. § 251, the panel affirms
the decision of the Examiner.
ISSUE
The sole issue before the Board is whether Appellant has established that the
Examiner erred in rejecting claims 14-100 under 35 U.S.C. § 251 based on
recapture.
III. FINDINGS OF FACT
The following findings of fact are supported by a preponderance of the
evidence.
A. The Invention
1. Appellant invented (U.S. Patent 5,802,641, Abstract):
A leg holder system for simultaneously positioning in the abduction
and lithotomy dimensions including a support device for supporting a
leg cradle; a clamping device for mounting the proximate end of the
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