Ex parte WARNER et al. - Page 6





                     Appeal No. 1998-1807                                                                                                                                              
                     Application No. 08/090,770                                                                                                                                        


                     examiner does not, in fact, support the examiner’s position.                                                                                                      
                                It is well established that the terms in a claim should                                                                                                
                     be interpreted in a manner consistent with the specification                                                                                                      
                     and construed as those skilled in the art would construe them                                                                                                     
                     (In re Bond, 910 F.2d 831, 833, 15 USPQ2d 1566, 1567 (Fed.                                                                                                        
                     Cir. 1990), Specialty Composites v. Cabot Corp., 845 F.2d 981,                                                                                                    
                     986, 6 USPQ2d 1601, 1604 (Fed. Cir. 1988) and In re Sneed, 710                                                                                                    
                     F.2d 1544, 1548,                                                                                                                                                  
                     218 USPQ 385, 388 (Fed. Cir. 1983)).  After reviewing                                                                                                             
                     appellants’                                                                                                                                                       
                     specification,  it is our determination that a more2                                                                                                                                   

                     appropriate definition for the term “honing tool” as used in                                                                                                      
                     appellants’ claims is “2: a tool for enlarging holes to                                                                                                           
                     precise tolerances and controlling finishes esp. of internal                                                                                                      
                     cylindrical surfaces by means of a mechanically rotated and                                                                                                       


                                2We are informed at page 1 of appellants’ specification that:                                                                                          
                                “[h]oning is used to correct hole geometry and also to prepare surfaces                                                                                
                                that require a specific finish or scratch pattern. Typical of the latter                                                                               
                                are piston bores or liners in internal combustion engines. On such oil                                                                                 
                                lubricated moving part surfaces it is customary to provide what is known                                                                               
                                as a plateau finish. A plateau finish is similar to a conventional                                                                                     
                                finish, expect that the peaks have been removed or flattened out. The                                                                                  
                                finish attempts to duplicate the finish after the engine has been broken                                                                               
                                in, and removes or smooths out metal that would otherwise be removed by                                                                                
                                piston rings.”                                                                                                                                         
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