Appeal No. 95-2413
Application 07/936,865
figures 5-6 of Japanese patent [']374 show that other erosion
[sic, magnet] shapes would generate non-uniform erosion
because only the heart shape is taught to create uniform
erosion" (EA6). This appears to be the first time this
argument has been raised or that the claims have been
addressed.
Appellants argue that the claims do not read on any
non-uniform erosion profile that happens to result and "the
Group 4 claims are all directed to specific shapes and all
require that the shapes be expressible in the form of a
mathematical function denoted as >(r)" (RBr13-14). We agree
that claims 39-41 require specific erosion profiles that are
not disclosed or suggested in the references. Therefore, the
rejection of claims 39-41 is reversed.
Group 5 - claims 58, 59, and 62
Claim 58 is representative of the claims in Group 5.
Claim 62 depends from claim 13 and, therefore, is considered
to stand or fall with claim 13 in Group 2.
Suzuki discloses selecting the erosion to be uniform or
constant (e.g., col. 3, line 53; col. 6, line 42), which meets
the step of "selecting a desired erosion profile . . .
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