Appeal No. 1998-0256
Application No. 08/395,768
conduit groove for engagement by locking screws. Further, it
suggests an alternative arrangement for solving the problem
(Fig. 8) wherein an undercut in each of the two sidewalls of
the conduit groove is intended to be engaged by pins. As we
see it, one skilled in the art would be informed by
appellant’s disclosure that an undercut in each of the two
sidewalls of a conduit groove is needed to insure that a dam
is secured in place and won’t fly away and cause injury. The
provision of an undercut in each sidewall of the conduit
groove is the only possible solution offered by appellant in
the specification. No variation is even suggested as to other
than an undercut in each of the sidewalls of the conduit
groove. Thus, this panel of the board finds it reasonable to
say that the inclusion of an undercut in each of the sidewalls
of a conduit groove for engagement by locking members is an
essential structural attribute of appellant’s invention,
necessary to achieve the objective of a secure dam that won’t
fly away and cause injury.
It is appreciated that appellant seeks broad claim 28, in
particular, in order to readily deter those who otherwise
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