Appeal 2006-2744 Application 09/664,794 Patent 5,584,962 DECISION ON APPEAL Statement of the Case This is an appeal under 35 U.S.C. § 134 from the Examiner’s rejection of claims 36-48 in the above identified reissue application as being unpatentable under 35 U.S.C. § 251 based on recapture. We have jurisdiction under 35 U.S.C. § 6. We REVERSE. Appellants invented an apparatus and a method for processing a master in conjunction with a supply of first and second feed materials. Independent claims 36 and 47 respectively define the apparatus and method as follows: 36. An apparatus for processing a master in conjunction with a supply of a first feed material and a supply of a second feed material, at least one of said feed materials carrying a layer of adhesive, said apparatus comprising: a frame having an outer shell including (a) a lower outer shell portion having downwardly facing surfaces constructed and arranged to [be] placed on a substantially flat support surface for supporting said apparatus and (b) an upper outer shell portion movably connected to said lower shell portion for movement between an open position and a closed position relative to said lower outer shell portion by manually engaging said upper outer shell portion directly and lifting said upper outer shell portion upwardly to said open position thereof; and a pair of cooperating pressure applying structures located within said outer shell, said cooperating structures being constructed and arranged to be positioned adjacent one another in a cooperating pressure apply relationship wherein, when the master with the first and second feed materials on opposing sides thereof and the adhesive contacting the master is positioned 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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