Ex parte TANAKA et al. - Page 2




          Appeal No. 1998-0454                                       Page 2           
          Application No. 08/417,985                                                  


          claims in a reissue application more than two years after the               
          issue date of the original patent.  The original patent, U.S.               
          Patent No. 4,779,147, was issued on October 18, 1988.  This                 
          reissue application was filed April 6, 1995.                                


               The claimed invention is directed to a tape recorder with              
          an automatic reversing mechanism and wherein fast forwarding or             
          rewinding of a tape started manually is ended by releasing an               
          operating member therefor from an actuated arresting position.              


               No prior art is relied upon in the rejection.                          


                                       OPINION                                        


               We reverse.                                                            


               35 U.S.C. 251 permits reissuance of defective patents when             
          a “patent is, through error without any deceptive intention,                
          deemed wholly or partly inoperative or invalid...”  The statute             
          also provides that                                                          









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