Appeal 2006-3236
Inter Partes Reexamination Control No. 95/000,006
The Examiner's Answer maintains the rejection.
Analysis
In an inter partes reexamination, "no proposed amended or new claim
enlarging the scope of the claims of the patent shall be permitted."
35 U.S.C. § 314(a). A claim is broader in scope if it includes within its
scope any subject matter that would not have infringed the original patent.
See In re Freeman, 30 F.3d 1459, 1464, 31 USPQ2d 1444, 1447 (Fed. Cir.
1994). Eliminating a claim limitation usually constitutes a prima facie
broadening because a claim with fewer limitations is normally broader.
However, the claim language must always be analyzed case-by-case.
Original claim 1 in the '595 patent recites "a first surface of said main
body," "a first wall surface," and "said second wall extending away from
said first wall surface in a direction away from said first wall surface of said
main body":
1. A tray for storing a semiconductor integrated circuit device
having a package and wiring terminals on a lower surface of the
package, said tray comprising:
a substantially planar main body; and
a first storage portion provided on a first surface of said main
body for storing the semiconductor integrated circuit device, said first
storage portion having a bottom surface and a first wall surface
extending from said bottom surface and arranged around the
semiconductor integrated circuit device when the semiconductor
integrated device is stored in said first storage portion;
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