Ex Parte Smith - Page 9



              Appeal 2007-1748                                                                                               
              Application 10/679,908                                                                                         

              in a manifold as a clearance take-up and thereby be associated with the tail once                              
              the tail is inserted into the opening.                                                                         

                      Appellant’s Arguments Raised in the Reply Brief:                                                       
                      Regarding claim 2, Appellant argues that element 26 in Smith is described as                           
              an "annular or axial soft seal" whereas, seals in hydraulic couplings that engage the                          
              male member about its circumference “‘generally resemble O-rings.’ {[Smith] col.                               
              1; lines 26-32}” (Reply Br. 2).  However, we interpret this reference to O-rings in                            
              the Background of Smith to be simply another form of nomenclature for what is                                  
              later described in the Detailed Description as an annular seal 26 (Smith, col. 6, ll.                          
              9-20)  Further, Webster’s Collegiate Dictionary Tenth Edition (1996) defines “O-                               
              ring” as: a ring (as of synthetic rubber) used as a gasket.  As found supra, Smith’s                           
              element 26 meets this definition because: 1. it is annular (Smith, col. 6, l. 10) and                          
              thus is a ring; 2. it is used for sealing, and thus is a gasket (Smith, col. 6, l. 10); and                    
              3. it is made of synthetic elastomer or, synthetic rubber (Smith, col. 6, l. 16).                              
                      Appellant next argues concerning claim 3, that in Smith, “annular soft seals                           
              26 and 27 are of a relatively pliable material, for example, rubber or synthetic                               
              elastomer {col. 6; lines 14-16}” (Reply Br. 2).  But this statement fails to advance                           
              Appellant’s position in that it only restates exactly what Smith discloses, which is                           
              that the annular seal 26 is made of natural or synthetic elastomer as required by the                          
              claims (Smith, col. 6, l. 16).                                                                                 


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