Appeal 2006-2744
Application 09/664,794
Patent 5,584,962
Issues
(1) Are the appealed claims broader than the patent claims in aspects
relating to subject matter surrendered during original prosecution of the '962
patent?
(2) If so, do these claims nevertheless avoid the recapture rule because they
are materially narrowed in other respects?
Findings of Fact Relevant to Issue (1)
1. On May 20, 1994, Appellants filed the original '003 application with
apparatus claims including representative independent claim 11 which is
reproduced below:
11. An applicator and adhesive transfer device
comprising:
(a) an upper frame member having opposite sides and a lower
frame member having opposite sides, said upper frame member
being pivotally connected to said lower frame member;
(b) a first nip roller rotatively mounted and extending between
the sides of said upper frame member;
(c) a first mounting means associated with the upper frame
member;
(d) a second nip roller rotatively mounted and extending
between the sides of said lower frame member;
(e) a second mounting means associated with the said lower
frame member; and
(f) actuating means for imparting rotation to at least one of said
nip rollers.
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