Ex Parte 6357595 et al - Page 11



                Appeal 2006-3236                                                                                
                Inter Partes Reexamination Control No. 95/000,006                                               

                       surfaces may extend across inner face 68 to junction 66.  As                             
                       depicted below, the surfaces are vertically disposed relative to                         
                       each other, and each has an "upper edge" which may be merely                             
                       a line where one surface ends and another begins.                                        









                                                                                                               
                       As illustrated, the guide-in surface extends upward from the                             
                       upper edge of the seating surface.  Also, a portion of the                               
                       guide-in surface near portion 70 is at a greater angle relative to                       
                       the horizontal than a portion of seating surface near portion 72.                        
                       Thus, amended claim 1 still reads directly on at least the                               
                       Figure 7 embodiment of Brahmbatt [sic] '486.                                             
                Comments of the 3rd Party Requestor on the First Office Action and                              
                Amendment at 3-4, section entitled "Amended Claim 1 is Anticipated Under                        
                35 U.S.C. 102(b) by Figure 7 of the Brahmbatt [sic] '486 patent."                               
                       The Examiner substantially adopted the Requester's proposed reasons                      
                for rejection (see Right of Appeal Notice 8) and stated (id. at 3):                             
                       The inner surface 68 may be considered to have relatively upper                          
                       and lower adjacent surfaces commensurate with the levels of                              
                       the guide-in portion 69.3, the seating portion 69.4.  In addition,                       

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