Appeal No. 95-3161
Application 08/090,921
Claim 1 recites, in pertinent part: "a cartridge magazine
alignment means to index and guide the magazine in one way
only into and out of the apparatus for proper orientation of
the open front within the apparatus" (emphasis added).
According to the examiner (answer at pg. 4), the above-quoted
claim language is vague and indefinite because it is unclear
how "into and out of the apparatus" can be considered "in one
way only."
Obviously, the reference "in one way only" does not refer
to the direction of motion relative to the apparatus, since
the same clause specifies the motion to be into and out of the
apparatus.
It is unreasonable to insist on reading the claim that way,
since the specification does not support that reading and
since an alternative reasonable reading exists which is
consistent with the specification. The alignment means
provides only one way for moving the magazine into and out of
the apparatus, in proper orientation, not many different ways
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Last modified: November 3, 2007