Ex parte LEACH et al. - Page 4




                 Appeal No. 1996-3738                                                                                                                   
                 Application No. 08/004,254                                                                                                             


                 "Gates," that the gate is given a smaller cross section than                                                                           
                 the runner to allow easy separation from the runner, and the                                                                           
                 showing in Fig. 7-16 (page 186) of a gate with a narrow width                                                                          
                 (depth).                                                                                                                               
                          The final step recited in claim 39 is:                                                                                        
                          separating the surround from a ring of solidified sprue                                                                       
                 formed of the elastomeric material remaining in the annular                                                                            
                 feed chamber by tearing the sprue from the surround at the                                                                             
                 narrow junction between the sprue and the surround formed by                                                                           
                 the annular orifice, the tearing being done while the                                                                                  
                 elastomeric material is still hot from the injection step.                                                                             
                 As the examiner seems to recognize, the only disclosure in the                                                                         
                 applied prior art concerning separation of the excess material                                                                         
                 from the molded part is in Scott, which discloses that the                                                                             
                 excess (flashing) is trimmed (col. 3, line 31) and "removed,                                                                           
                 as by a trim die" (col. 4, lines 27 to 29).  The examiner                                                                              
                 argues at page 7 of the answer to the effect that the term                                                                             
                 "tearing" as used in claim 39 does not preclude the use of                                                                             
                 cutting tools, but, whatever may be the merit of that                                                                                  
                 argument, we do not consider that any normal meaning  of the                                 3                                         


                          3"The general rule is that terms in the claim are to be                                                                       
                 given their ordinary and accustomed meaning."  K-2 Corp. v.                                                                            
                 Salomon S.A., 191 F.3d 1356, 1362, 52 USPQ2d 1001, 1004 (Fed.                                                                          
                 Cir. 1999).                                                                                                                            
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