Appeal No. 96-2120
Application 08/300,097
construed to include differences which result from manufacturing tolerances that are totally
unintended and undesired by appellant’s invention. The examiner’s reading of “different”
as including unintended differences caused by manufacturing tolerances would make it
almost impossible for appellant to claim his invention because nothing can be
predetermined according to the examiner’s analysis. This is an interpretation of the claim
language which we cannot accept.
For all the reasons just discussed, we do not sustain the examiner’s rejection of
claims 15, 20 and 21 under 35 U.S.C. § 103. Therefore, the decision of the examiner
rejecting claims 15, 20 and 21 is reversed.
REVERSED
Jerry Smith )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Lee E. Barrett )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Jameson Lee )
Administrative Patent Judge )
William H. Meise
Lockheed Martin Corporation
Patent Operation
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