Ex Parte Hollingsworth - Page 2



                Appeal 2007-0040                                                                             
                Application 10/170,069                                                                       
                Patent 6,073,699                                                                             

                                        I.  STATEMENT OF CASE                                                
                      1. Appellant appeals under 35 U.S.C. § 134 from a Final Rejection                      
                (the “Final”) of reissue claim 4 entered June 12, 2003.  We have jurisdiction                
                under 35 U.S.C. § 6(b).  A hearing was held on May 22, 2007.                                 
                      2. Independent reissue claim 4 is the sole claim on appeal.                            
                      3. Reissue claim 4 reads as follows:                                                   
                            4.   An elevator for use in wellbore operations, the elevator                    
                            comprising                                                                       
                                   a first body part,                                                        
                                   a second body part,                                                       
                                   the body parts together defining an interior opening                      
                            through the elevator for accommodating a wellbore tubular                        
                            therein,                                                                         
                                   first hinge apparatus hingedly connecting the two body                    
                            parts together and permitting the two body parts to be hingedly                  
                            openable on a first side of the elevator, and                                    
                                   second hinge apparatus disposed across from the first                     
                            hinge apparatus, the second hinge apparatus hingedly                             
                            connecting the two body parts together and permitting the two                    
                            body parts to be hingedly openable on a second side of the                       
                            elevator.                                                                        
                      4. The Examiner rejected reissue claim 4 under 35 U.S.C. § 251 as                      
                being an improper recapture of surrendered subject matter (Final 2-3;                        
                Answer 3-4; and Supplemental Answer 4-5).                                                    
                      5. Claims 1-3 are not rejected.                                                        


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