Ex parte DANBY et al. - Page 2




          Appeal No. 1998-2911                                                        
          Application 08/314,345                                                      


                                    THE INVENTION                                     

               The invention relates to a pumping device for supplying                
          intravenous fluids to a medical patient.  In general, the                   
          device includes means for accommodating a length of tubing,                 
          means for deforming the tubing to reduce its volume and valve               
          means adjacent opposed sides of the deforming means for                     
          restricting the flow of liquid through the tubing.  A copy of               
          claims 35 and 36 appears in the appendix to the appellants’                 
          main brief (Paper No. 20).                                                  

                                    THE REJECTION                                     

               Claims 35 and 36 stand rejected under 35 U.S.C. § 251 as               
          attempting to improperly recapture subject matter surrendered               
          to obtain the patent sought to be reissued.                                 

               Reference is made to the appellants’ main and reply                    
          briefs (Paper Nos. 20 and 24) and to the examiner’s answer                  
          (Paper No.                                                                  





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