Appeal No. 1998-2911
Application 08/314,345
pending claims, including amended claims 1 and 2, were
allowed.
The appellants filed the instant reissue application
within two years from the grant of the original patent
alleging that they had
claimed less than they had a right to claim in the
patent by not including claims having the scope of
claims 35 and 36 of this reissue patent application.
Claims 35 and 36 of the reissue application
correspond to claims 1 and 2 of the patent with the
exception of the description of the “deforming
means”. Claims 1 and 2 of the patent state that the
deforming means comprises members arranged for
controlled relative movement in opposed directions
in parallel planes transverse to the direction of
liquid passage within tubing. Claims 35 and 36
state that the deforming means comprises members
arranged for controlled relative movement in opposed
directions which extend transversely to the
direction of liquid passage within said tubing
[original and supplemental reissue declarations,
paragraph 4].
Thus, reissue claims 35 and 36 differ from patent claims
1 and 2 (and from allowed reissue claims 1 and 2) in that they
do not include the “in parallel planes” language inserted into
the patent claims via the amendment filed April 8, 1992 which
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