Ex parte NIEMIO et al. - Page 6




          Appeal No. 96-2741                                                            
          Application 08/227,093                                                        

          2.  Claim Interpretation of "Deflectable"                                     
               Appellants request that we reconsider the rejections of                  
          claim 15 over Kotitalo and over Watanabe and Takagi based on                  
          an alleged error in our interpretation of "deflectable."                      
               Appellants argue that the dictionary definition of                       
          "deflectable" means "capable of being deflected" and                          
          "deflected" means "turned aside, or from a direct line or                     
          course."  Appellants argue that our interpretation of                         
          "deflectable" as "movable" was a clear error (RR3).                           
               As we stated in our decision (D11-12):                                   
               We interpret the term "deflectable" in claim 15 broadly                  
               to mean "movable" because appellants disclose a tongue 12                
               that bends and a tongue 22 that translates and both are                  
               claimed to be "deflectable"; compare claims 11 and 18.                   
          Appellants do not address the context in which we made the                    
          statement, nor do appellants try to explain how the definition                
          of "turned aside, or from a direct line or course" requires a                 
          certain structure that is not shown in the references.  It is                 
          possible to define "deflectable" to mean capable of being                     
          displaced due to bending, like the deflection (i.e., turning                  
          aside) of a beam under a load.  Appellants' tongues 12 in                     
          figure 2 bend.  We noted, however, that appellants also used                  
          the term "deflectable" to apply to the "tongue" in claim 18                   
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