Appeal No. 2005-2488
Application No. 10/150,497
(the claimed cylindrical trunk) and the window (the claimed thin
film section) of an infrared clinical thermometer probe, which
can be made from the same plastic or resin materials, such as
polyethylene and polypropylene. See O’Hara, column 4, lines
48-53 and column 5, lines 12-15 and 35-40.
The dispositive question is, therefore, whether the examiner
has correctly determined that Beerworth teaches “the cylindrical
trunk section and the thin film section [which] are integrally
molded by the same resin material such that the outer peripheral
surfaces of the cylindrical trunk section and the thin film
section are smoothly connected to each other (emphasis ours)” as
recited in claim 1.2 On this record, we answer this question in
the negative.
According to page 5 of the specification, the phrase “‘outer
peripheral surfaces are smoothly connected to each other’ means
that a step or a seam is not formed in the connection portion
between the outer peripheral surface of the trunk section and the
outer peripheral surface of the thin film section.” Moreover, in
reference to Figure 4 which shows a single piece structure
defining cylindrical trunk and thin film sections (without any
2 The examiner relies on the disclosure of Meyst to show
only the features recited in claims 3 and 4.
4
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