Appeal No. 95-3406
Application 07/940,016
Claim 8 is rejected under 35 U.S.C. § 112, first and second
paragraphs, as being based on a specification that fails to
comply with the written description requirement of the first
paragraph of 35 U.S.C. § 112 and as failing to particularly point
out and distinctly claim the invention under the second paragraph
of § 112 for the reasons set forth above.
Claim 8 is rejected under 35 U.S.C. § 102(b) as being
anticipated by Stiso. Focussing only on the breadth of the
language of appealed claim 8 and applying the common definition
of “An area that is sunk below its surroundings” (The American
Heritage Dictionary, second College Edition, Houghton Mifflin Co.
1982) for the term “depression”, it is clear from Figures 5, 6
and 14 of Stiso that the end of the top member 26 opposite the
opening 58 (which end is clearly depicted in Figure 14) includes
a "depression" as broadly claimed.
Accordingly, the decision of the examiner rejecting claim 6
under 35 U.S.C. § 102(b) and rejecting claim 9 under 35 U.S.C.
§ 103 is affirmed, the decision of the examiner rejecting claim 7
under 35 U.S.C. § 102(b) and rejecting claim 8 under 35 U.S.C.
§ 103 is reversed, and new rejections of claim 8 under
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