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. - 2 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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