Appeal No. 96-0706
Application 08/185,756
9. The only language of Claim 23 which is not
expressly described in the specification of the
application as originally filed is that (1) the
aluminum welding material is welded only to the surface
of the drive shaft and (2) the aluminum welding
material extends over, but is not welded to, a portion
of the second end of the body.
10. Notwithstanding the lack of express language
in the specification of the application as originally
filed to this effect, it is clear to me that the
specification of the application as originally filed
clearly provides support for the noted language of
Claim 23. Specifically, at Page 4, Lines 25-30, it is
stated that the molten aluminum wire “...is supplied to
the interior of the aperture 14....The aperture 14
forms a mold for the molten aluminum 18 above the outer
surface of the drive shaft 10". In my opinion, the
language "forms a mold" clearly indicates that the
molten aluminum is not welded to or otherwise adhered
to the body of the balance weight 12.
11. Generally speaking, molds are used to cast
articles into desired shapes, then are removed.
Sometimes, such molds may be salvaged for re-use when
removed from about the cast article. Other times, the
molds are destroyed. In either case, the molds do not
adhere to the cast article. Likewise, in the
specification of the application as originally filed,
it is clear to me that the body of the balance weight
is not welded or otherwise adhered to the welding
material which is supplied therein. Such a situation
would run contrary to the plain import of the
specification of the application as originally filed,
given my knowledge of the inherent properties of
aluminum and "higher density" materials, as described
above.
12. At Page 4, Lines 30-33, it is stated that
“[t]he molten aluminum 18 can be applied such that a
small amount of the material overflows the volume of
the aperture 14 so as to form a "cap" thereover.” In my
opinion, the provision of a "cap" further supports the
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