Appeal No. 97-1702
Application 08/355,599
2 2
Webster's dictionary defines " cover" as -- 2(c): an overlay
or outer layer esp. for protection . . .(emphasis ours).
Clearly, the outermost portion the segments 4 of Finn form a
layer which (in light of this definition) can be considered to
be a "cover," much as the outermost layer or skin of a
baseball is commonly referred to as its cover. We also
observe that the examiner throughout the prosecution of this
case has maintained that the Finn's segments 4 comprise a
cover and, thus, the appellant had ample opportunity to amend
the claims to clearly define that the cover is an entirely
separate member, but chose not to do so until after final
rejection (at which point the examiner refused to consider
such an amendment as presenting a new issue - see Paper Nos. 6
and 10, which refusal was upheld on petition (see Paper No.
12)). In effect, the appellant is asking us to read into the
claims a limitation which he tried to add by way of an
amendment after final rejection (the entry of which was
denied). This, we decline to do.
2 Webster's Third New International Dictionary of the English Language,
Unabridged, G. & C. Merriam Co., Springfield, MA, 1971.
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