Appeal No. 2005-0841
Application No. 08/230,083
principle (1) of Clement, 131 F.3d at 1470, 45 USPQ2d at 1165,
the recapture rule bars the claim.
Appellant incorrectly argues that claim 16 has been narrowed
relative to the surrendered subject of original patent
application claim 11 in that it includes the limitation of "the
clip connection securing the outer housing to the locking element
and joining the inner frame, the outer housing, and the check
valve element to the motor vehicle." Original patent application
claim 1 included the limitation that "the assembled unit
comprising the inner frame (4), the outer housing (3), and the
check valve element (3) [sic, (5)] is joined to a support (2) of
the motor vehicle through a resilient clip connection (6) carried
on the outer housing (3)." Original patent application claim 10,
which depended from claim 1, included the limitation "wherein the
clip connection (6) comprises a springy tongue (22') formed
separate from the outer housing (3)" and original patent
application claim 11, dependent from claim 10, included the
limitation "wherein the springy tongue (22') is arranged on a
locking element (30) which can be connected with the outer
housing (3)." These limitations of original patent application
claims 1, 10 and 11 fully correspond to the above-quoted argued
limitation of claim 16.
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