Appeal 2006-1865
Application 09/660,433
Patent 5,802,641
We conclude that with respect to this limitation Appellant has not rebutted
the Examiner’s prima facie showing of recapture.
(10)
First And Second Axes are Transverse to Each Other Limitation
With respect to this limitation argued in the parent (See the Findings of
Fact 19 supra with respect to Appellant’s arguments regarding claim limitation (4))
and relied on by the Examiner (Findings of Fact 31), Appellant has presented no
rebuttal arguments in this brief.
We conclude that with respect to this limitation Appellant has not rebutted
the Examiner’s prima facie showing of recapture.
V. CONCLUSION
Appellant’s arguments have not rebutted the presumption, upon which the
Examiner’s rejection is based, i.e., that at the time of the amendment an objective
observer would reasonably have viewed the subject matter of the narrowing
amendment and limitations argued in the parent as having been surrendered.
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