Ex parte CARLSON - Page 3




                 Appeal No. 97-2785                                                                                                                     
                 Application 08/173,698                                                                                                                 


                 female housing 28.  According to claim 1, the only3                                                                                                    
                 independent claim in the original patent, the male coupler                                                                             
                 body is formed with a truncated surface means (29) which                                                                               
                 slopes upwardly at a constantly changing slope.                                                                                        
                          Urging that the original patent claims 1 through 4 were                                                                       
                 too narrow because of the limitation pertaining to the                                                                                 
                 truncated surface means, appellant introduced claims 5 through                                                                         
                 8. Claims 5 through 7 broaden the limitation pertaining to the                                                                         
                 truncated surface, and claim 8 deletes this limitation all                                                                             


                 3In each of the rejected independent reissue claims added in                                                                           
                 this reissue application, the body of the claim is                                                                                     
                 inconsistent with the preamble of the claim in that the body                                                                           
                 recites the combination of the flexible conduit (14) and                                                                               
                 elements of the male fitting assembly whereas the preamble is                                                                          
                 directed to the male fitting assembly per se. In each of these                                                                         
                 claims, we have interpreted the preamble as defining a                                                                                 
                 structure which includes the elements recited in the body to                                                                           
                 establish consistency between the preamble and the body of the                                                                         
                 claim. It is noted that each of these independent reissue                                                                              
                 claims incorrectly recites that the male coupler fitting                                                                               
                 assembly is identified by the reference numeral 10. In                                                                                 
                 contrast, the descriptive portion of the specification applies                                                                         
                 the reference numeral 10 to designate the remote motion-                                                                               
                 transmitting control assembly. With particular regard to                                                                               
                 claims 6 and 8, we have interpreted the recitation of                                                                                  
                 “opposite sides” of the flexible conduit to mean the opposite                                                                          
                 ends of the conduit. With further regard to claims 6 and 8, we                                                                         
                 have interpreted the recitation of “either side” of the                                                                                
                 cylindrical body portion to mean either end of the body                                                                                
                 portion.                                                                                                                               
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