Appeal 2007-0700
Application 09/159,509
Patent 5,559,995
39. The Examiner reasoned in part as follows (Supplemental
Answer 9:4-7 and 11:9-12):
Claims 10, 46, 58, 84, and 97 do not contain at least one, or a
portion of at least one, of the three above-noted surrender-
generating limitations A, B, and C. Nor do these claims contain
any broadened versions of, or substantially equivalent
substitutes for, the omitted surrender-generating (relied-on)
limitations.
***
Claim 102 does not contain a portion of one of the three above-
noted surrender generating limitations A, B, and C. Nor does
claim 102 contain any broadened version of, or substantially
equivalent substitute for, the omitted portion of the surrender
generating limitation.
40. The record supports the Examiner’s findings with respect to
what limitations do not appear in reissue application claims 10-43, 46-55,
58-66, 97-104, and 106-108 which were present in claim 1 (and claim 7) of
the original application, as allowed.
41. Dependent claims 44-45, 67-68, and independent claim 84,
each on their face contain substantially equivalent substitutes for each of the
surrender-generating limitations A, B, and C. (Compare to claims 56-57 and
69 which are not rejected.)
42. The record does not support the Examiner’s findings with
respect to what limitations do not appear in reissue application claims 44-45,
67-68, and 84-94 which were present in claim 1 (and claim 7) of the original
application, as allowed.
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