Ex parte GROVE - Page 18




          Appeal No. 96-3174                                                          
          Application 07/970,608                                                      


          28-44).  This interpretation is consistent with the statement               
          in Maus, at column 31, lines 64-66, that “[i]mmediately after               
          injection and while the cavities’ molten plastic is very hot                
          and mobile, the first stage of clamp-actuated profiled                      
          compression starts” (emphasis added).                                       
               It is well established that anticipation cannot be                     
          predicated on an ambiguous reference.  In re Turlay, 304 F.2d               
          893, 899, 134 USPQ 355, 360 (CCPA 1962).  In the present                    
          instance, Maus is ambiguous as to the timing of the resin                   
          compression and injection steps required to satisfy step (c)                
          of claim 1.  Accordingly, we shall not sustain the standing §               
          102 rejection of claims 1, 2, 5 and 7 based on Maus.                        


                            The 35 U.S.C. § 103 rejection                             
               Considering next the § 103 rejection of claims 3, 4, 6, 8              
          and 9 as being unpatentable over Maus, each of these claims                 
          through their dependency on claim 1, calls for the step of                  
          applying force to reduce a volume of the mold cavity and                    
          compress the resin simultaneously with injection.  As noted in              
          our discussion above of the standing § 102 rejection, Maus is               


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