Ex parte SICKING et al. - Page 8




          Appeal No. 98-1461                                         Page 8           
          Application No. 08/335,153                                                  


          since Bronstad does not disclose the recited "cutting means."               
          Specifically, the appellants contend that the claimed "cutting              
          means" is not readable on the bolts 50 of Bronstad.                         


               The examiner (answer, pp. 6-7) did not find this argument              
          to be persuasive since the examiner considered the claimed                  
          "cutting means" to be readable on the bolts 50 of Bronstad.                 


               We agree with the appellants that the claimed "cutting                 
          means" is not readable on the bolts 50 of Bronstad.  In that                
          regard, the claimed "cutting means" must be given its broadest              
          reasonable interpretation consistent with the specification,                
          and must be read in light of the specification as it would be               
          interpreted by one of ordinary skill in the art.  See In re                 
          Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir.                    
          1983).  In this case, the specification discloses (1) the                   
          cutters are wedge shaped (p. 7), and (2) the cutters slice the              
          rail 16 with a "shearing" action.  In our view, an artisan                  
          would readily recognize the basic difference between cutting                
          as disclosed in this application and the shredding disclosed                
          by Bronstad.  Accordingly, it is our determination that the                 







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