Appeal No. 96-0043
Application 08/059,043
Appellant's only argument with regard to this rejection is
that the edges of the Peacock article are not biased toward
each other, mechanical joining means being required to hold
the edges together.
We agree with the examiner that the fact that Peacock
discloses mechanical joining means (e.g., channel 3) does not
mean that edges 2 of Peacock's sleeve are not “biased toward
each other,” as claimed, since the claim language “does not
preclude the presence of a mechanical fastener” (answer, page
5). Also, we agree with the examiner that “the term bias[ed]
means only that the edges or tabs tend toward each other”
(id.), this interpretation being consistent with the
definition of this term at page 2, lines 17 to 19 of the
specification (emphasis added):
The term “biased” as used herein merely implies a
tendency of the planar sections to return to their
position adjacent to each other.
Our agreement with the examiner notwithstanding, however,
we will not sustain the rejection of claim 1, for it does not
appear that the edges 2 of the Peacock sleeve would be biased
towards each other at all. The reason for this finding is the
fact that Peacock's sleeve is not made from an article having
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007