Appeal No. 2005-0841
Application No. 08/230,083
3. The reissue application contains claims 1-14 and 16.
4. Claims 14 and 16 have been rejected under
35 U.S.C. § 251 on the grounds that these claims seek to
recapture subject matter surrendered when the patent sought to be
reissued was granted.
5. Claims 1-13, the remaining claims, have been
indicated as being allowable.
6. The principal issue before the Board is whether
applicant has established that the examiner erred in rejecting
claims 14 and 16 based on recapture.
B. Findings of fact
The following findings of fact are believed to be supported
by a preponderance of the evidence.
The invention
1. The invention relates to a check valve device for
preventing reverse air flow in the ventilation duct leading to
the passenger space of a motor vehicle (the ‘731 patent at col.
1, lines 6-9).
2. The patent also refers to the "device" as an
"assembly."
3. The invention can be understood by reference to
Figures 1 through 11 of the drawings of the ‘731 patent, all of
which are reproduced in Appendix 1 of this opinion.
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