Ex parte NIEMIO et al. - Page 8




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

          that the tongue is movable to the side and does not require                   
          any particular physical kind of movement like bending or                      
          translation, because appellants have used the term                            
          "deflectable" to describe both kinds of movement.  The                        
          projections on the hinged front member in Watanabe are                        
          considered "cantilevers [sic, cantilevered] deflectable                       
          tongues."  The tongues are "deflectable" (movable) because                    
          they are moved out of position when the hinged front member is                
          rotated.  Appellants have not convinced us of any error in our                
          finding that the projections in Watanabe are cantilevered                     
          deflectable tongues.  Accordingly, we deny appellants' request                
          for rehearing to the extent it requests reversal of our                       
          decision with respect to the rejection of claim 15 over                       
          Watanabe and Takagi.                                                          


          3.  Patentable Weight of Claim Language "Members" (Plural)                    
               Appellants argue that it was inappropriate to not address                
          the limitation of "members" (plural) (RR3).  Appellants argue                 
          that "[t]he Board cannot ignore the actual claim language                     
          because Appellants did not argue it" (RR3).                                   



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