Smith Appeal No. 2002-1817 Page 3
Application No. 09/432,862
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence
of our review, we make the determinations which follow.
The appellant’s invention is directed generally to pet doors and particularly to an
improved pet door construction in which the door pivots in pendulum fashion between
open and closed positions and is provided with a flexible seal around its entire
perimeter to minimize heat transfer through the door when it is in the closed position.
The invention so set forth in claim 1 in the following manner:
1. A pet door for installation in an opening through a dwelling barrier, said
pet door comprising:
a frame support connected to said dwelling barrier and providing a
rectangular passageway through said opening in said barrier;
a movable closure having a pair of spaced apart, closure panels secured
to top and bottom edge members and to spaced apart side edge
members, said closure being slightly smaller in height and width than said
rectangular passageway of said frame support, and being substantially
filled with insulation within the space defined by said closure panels and
said edge members;
a resiliently flexible seal connected to said top, bottom and side edge
members to movably and sealably engage said rectangular passageway
of said frame support; and
a pivot axle connecting said movable closure intermediate the top and
bottom thereof to said frame support;
whereby said closure may be influenced to swing inwardly and outwardly
within said passageway on said pivot axle and, when at rest, said flexible
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