Appeal No. 97-0996
Application 08/287,432
In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir.
1983). Here, appellant’s specification as a whole makes it clear
that the ring element does not merely include end and/or cross
sectional portions of what may be termed uniform thickness, but
rather that the ring element itself is of uniform thickness. We
can think of no circumstances under which the artisan, consistent
with appellant’s specification, would construe the conical
elements of Ingersoll, with its progressively thinning side wall,
as corresponding to the claimed ring element of uniform
thickness. This being the case, we will not sustain the
examiner’s rejections of the appealed claims under either 35
U.S.C. § 102(b) or 35 U.S.C. § 103.
The decision of the examiner is reversed.
REVERSED
NEAL E. ABRAMS )
Administrative Patent Judge )
)
)
)
LAWRENCE J. STAAB ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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JEFFREY V. NASE )
Administrative Patent Judge )
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