Ex Parte Bradshaw et al - Page 2

                  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                                



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