Appeal No. 98-0673
Application 08/723,355
Claims 6-11 are claims added during the reissue
proceeding. They stand finally rejected by the examiner under
35 U.S.C. § 251 as not being drawn to the same invention as
that claimed in the original patent.
The Invention
The claimed invention is directed to a ball valve
assembly. Representative claim 6 is reproduced below:
6. A ball valve assembly comprising:
a valve case having first and second axial ports defined
therein;
a ball rotatably positioned within the valve case, the
ball having an axial central opening therein;
a first cable having a first end attached to the ball to
rotate selectively the ball to one of a first position and a
second position, the first position having the axial central
opening of the ball aligned with the axial ports of the valve
case and the second position not having the axial central
opening of the ball aligned with the axial ports of the valve
case, a second end of the first cable being remotely
positioned with respect to the valve case.
Opinion
Section 251, United States Code, does not require that
claims added by reissue must be drawn to subject matter
"claimed" in the original patent. Rather, the reissue
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