Appeal 2006-3236
Inter Partes Reexamination Control No. 95/000,006
surface of the tray" (col. 3, ll. 41-42) and an "upper surface of the tray main
body" (col. 3, ll. 60-61), but concluded "that such descriptions are
insufficient, with respect to indicating the location of the first/upper surface
of the main body, to support using the first surface of the main body as a
reasonable basis for which to claim the relative location of the second wall
surface in the reexamined claim 16" (Action Closing Prosecution 16).
Patent Owners proposed an amendment to claim 16 to: (1) delete the
recitation of "a first surface of" in the limitation "a first storage portion
provided on a first surface of said main body"; and (2) to change "said
second wall surface extending from said first wall surface in a direction
away from said first surface of said main body" to "said second wall surface
extending from said first wall surface in a direction away from said bottom
surface of said first storage portion." Response to Action Closing
Prosecution 2 and 12-13. The Examiner denied entry of the amendment.
Right of Appeal Notice 2. NOTE: in Patent Owners' Brief in eDAN2, a
handwritten notation "incorrect" appears next to the statement that "an
amendment to claim 16 was filed, but not entered," and the amendment to
claim 16 appears to have been entered as indicated by the handwritten
notation "B1" in the Response to Action Closing Prosecution 2. We assume
that the amendment has not been entered.
2 eDAN (electronic Desktop Application Navigator) is an interface to
IFW (image file wrapper), PALM (patent application locating and
monitoring), and other data available in USPTO Automated Information
Systems.
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