Appeal 2007-0040
Application 10/170,069
Patent 6,073,699
6. With respect to the rejection of claim 4, the panel affirms the
decision of the Examiner.
7. Additionally, the panel enters a new ground of rejection under
35 U.S.C. § 102(b).
II. ISSUES
The sole issue before the Board is whether Appellant has established
that the Examiner erred in rejecting claim 4 under 35 U.S.C. § 251 based on
recapture.
III. FINDINGS OF FACT
The following findings of fact are supported by a preponderance of
the evidence.
A. The Invention
1. According to Appellant (U.S. Patent 6,073,699, Abstract):
A new elevator for use in wellbore operations has
been invented which, in certain aspects, has a first body
part, a second body part, the body parts together defining
a 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
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