Appeal 2006-1865
Application 09/660,433
Patent 5,802,641
is not dropped from the claims and Appellant’s arguments during prosecution do
not amount to surrender. Such conclusions, without explanation, are of minimal
evidentiary value and do not persuade us that the Examiner has erred.
We conclude that Appellant has not rebutted the Examiner’s prima facie
showing of recapture based on this limitation.
(4)
Mounting Device Having a First Axis Limitation
With respect to independent claims 14, 24, 48, 72, 81, and 91, Appellant
argues at pages 7, 13, 18, 22, 27, and 32, of the Brief, that the broadening with
respect to the mounting device having a first axis is not an impermissible
broadening (does not relate to surrendered subject matter) and does not violate the
recapture rule. We agree.
This limitation was not added by amendment. Rather, this limitation was
present in the claims as originally filed. Further, we find no argument in the
prosecution history that this limitation distinguishes over the prior art. We
conclude that Appellant has rebutted any prima facie case of recapture based on
this limitation.
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