Appeal No. 95-2803
Application 08/024,851
distance between the filter means and the pressure controlling
member.
Comparing the pending independent claims 29 and 33 with
the aforementioned patent claims, it is clear that the former
pending claims do not require the pressure controlling member
(and a strand with a thickness substantially equal to the
distance between a filter or filter means and the pressure
controlling member) of the latter patent claims. Accordingly,
and
consistent with the argument advanced by appellants (brief,
pages 4 and 5), a cylindrical inflator with the features of
claims 29 and 33, and without a pressure controlling member,
would infringe claims 29 and 33 but would clearly not infringe
independent patented claims 1, 5, and 8. For the above reasons,
the pending claims are not seen to be for the same invention
claimed in U.S. Patent No. 5,248,162.
In summary, this panel of the board has reversed the
rejection of appellants’ claims 29, 30, and 33 under 35 U.S.C.
§ 101.
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