Ex parte WAFER - Page 7




                 Appeal No. 98-2150                                                                                                                     
                 Application No. 08/539,926                                                                                                             


                          Szymczak fails to disclose a wellhead housing which                                                                           
                          includes a reference surface in addition to the                                                                               
                          primary and secondary sealing surfaces.  As                                                                                   
                          discussed above, this reference surface (14) is a                                                                             
                          cylindrical surface which is used during production                                                                           
                          of the wellhead housing as a reference for machining                                                                          
                          both the primary sealing surface (12) and the                                                                                 
                          secondary sealing surface (16 or 18).                                                                                         
                                   Such a separate surface is not disclosed in                                                                          
                          Szymczak.  Rather, Szymczak merely discloses a                                                                                
                          wellhead housing (12) having a sealing surface (36)                                                                           
                          which is engaged by the sealing surface (60) of a                                                                             
                          first seal ring (52) during one mode of his                                                                                   
                          invention, and a sealing surface (38) which is                                                                                
                          engaged by the sealing surface (112) of another seal                                                                          
                          ring (84) during another mode of his invention (see                                                                           
                          column 3, lines 36-45; column 4, lines 17-23).                                                                                
                          Szymczak does not disclose a separate reference                                                                               
                          surface from which sealing surfaces (36) and (38)                                                                             
                          may be machined.  [Brief, page 4.]                                                                                            
                          The appellant's arguments are not commensurate in scope                                                                       
                 with the subject matter defined by representative claim 1.                                                                             
                          As to the appellant's contention that Szymczak does not                                                                       
                 disclose a reference surface used for machining the primary                                                                            
                 and secondary sealing surfaces, representative claim 1 merely                                                                          
                 broadly recites a "reference surface" (without making any                                                                              
                 reference whatsoever to machining) and, giving this                                                                                    
                 terminology its broadest reasonable interpretation,  the                                    3                                          

                          3The terminology in a pending application's claims is to                                                                      
                                                                                                            (continued...)                              
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