Appeal No. 97-4244
Application 08/347,141
interpretation of these terms is, citing In re Pearson, 494 F.2d
1399, 1404,
181 USPQ 641, 645 (CCPA 1974). However, it is unnecessary to
resolve this issue, because we note that on page 4 of the brief,
appellant states that claim 6 “is generic to all of the disclosed
species,” and the species disclosed in Figures 6b and 9, for
example, have a curled edge 35 which extends radially beyond the
peripheral edge of the ferromagnetic plate 29 and is somewhat
below the plane of the plate. Accordingly, if claim 6 is generic
to such species as Figures 6b and 9, as appellant asserts that it
is, the term “radially laterally at said peripheral marginal
edge” must be inclusive of a curled edge which is located
radially beyond the periphery of the ferromagnetic plate, and is
not located in the plane of the plate. The claim is therefore
readable on the curled edge 26, 27 of Humiston, which is located
radially beyond the periphery 15 of plate 13, and is not in the
plane of the plate.
(2) Humiston discloses an attaching device having an
annular, flat disk plate 28. As shown in Figs. 1 and 2, the
plate, although it has a thickness less than the thickness of the
4
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