Ex parte DEILY et al. - Page 7




                Appeal No. 97-0082                                                                                                            
                Application No. 07/993,718                                                                                                    


                         have repeatedly noted that the amendment was fully                                                                   
                         supported “as will be readily apparent upon review of                                                                
                         the description and drawings (especially Figs. 1 and 3)                                                              
                         of the disclosure.”  The appellants fail to understand                                                               
                         what further support is necessary.  It seems                                                                         
                         unfortunate that the appellants must teach the Examiner                                                              
                         that the drawings are considered to be a part of the                                                                 
                         disclosure and as such can provide support for claims                                                                
                         and amendments.  A simple review of Figs. 1 and 3 by                                                                 
                         the Examiner will reveal the support for the last three                                                              
                         lines of claim 23, e.g. the neck engaging portion and                                                                
                         interconnection formed in (substantially) the same                                                                   
                         plane. [Amended reply brief, page 21.]                                                                               
                         We are unpersuaded by the appellants’ arguments.  The last                                                           
                two lines of claim 23  expressly require that the neck engaging6                                                                                          
                portion and the interconnection be “formed in the same plane.”                                                                
                Noting that a “plane” has no width, we are of the opinion that                                                                
                this limitation would require the center lines of the neck                                                                    
                engaging portion and the interconnection to be coextensive.  As                                                               
                the examiner has noted, there is no express statement in the                                                                  
                specification that the neck engaging portion and the                                                                          
                interconnection are formed in the same plane.  Viewing Fig. 3 of                                                              
                the drawings, it is readily apparent that the center lines of the                                                             
                flange 11 and the interconnection 26 fall in spaced apart or                                                                  
                parallel planes.  This being the case, we agree with the examiner                                                             


                         6Reference to specific lines in the claims in this decision                                                          
                is with respect to the lines of the claims as they appear in the                                                              
                appendix to the appellants’ brief.                                                                                            
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