Appeal No. 97-3187
Application No. 07/999,422
additional filaments, such that the wire filament is in tight
engagement with the ribbon, said stitching step including, in
a single continuous operation, passing a trim filament around
the edge and the wire filament, said trim filament covering
substantially all of the wire filament from view, and passing
a binding filament through the ribbon and around the wire
filament, thereby securing the wire filament to the ribbon.
This comparison also reveals that pending claim 5 does
not recite the step of folding the edge of the ribbon around
the wire filament as recited in claim 7 from U.S. Patent No.
4,901,661.
It is our opinion that claim 7 from U.S. Patent No.
4,901,661 can be equated to a species of the invention, while
pending claim 5 can be equated to a genus of the invention.
However, as pointed out with respect to pending claim 1 above,
the generic invention of pending claim 5 is "anticipated" by
the species of the patented invention (i.e., claim 7 from U.S.
Patent No. 4,901,661). See Goodman, supra. Thus, without a
terminal disclaimer, the species claims preclude issuance of
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