Ex parte MORIKITA - Page 6




                 Appeal No. 96-2640                                                                                                                     
                 Application No. 08/068,273                                                                                                             


                 (supplemental answer, page 1).   Appellant, on the other hand,5                                                                                
                 contends that the claim language is correct, and that "said                                                                            
                 mating fit" in claim 3 is the same mating fit recited in claim                                                                         
                 1.                                                                                                                                     
                          Considering the embodiment shown in appellant’s Figs. 11                                                                      
                 to 16, which includes an upper hollow cylinder 13 with an                                                                              
                 upper core 12 mounted therein, the upper core is in a mating                                                                           
                 fit with the lower hollow cylinder 33.  However, the lower                                                                             
                 hollow cylinder 33 is not in a mating fit with the upper                                                                               
                 cylinder 13, which merely rests on top of the lower cylinder,                                                                          
                 as shown in Fig. 14.  Thus, claim 3 appears to be accurate as                                                                          
                 written, in that the lower cylinder is aligned with the upper                                                                          
                 cylinder due to the mating fit of the upper core and the lower                                                                         
                 cylinder.  This is borne out by page 7, lines 1 to 6 of the                                                                            
                 specification, where appellant discloses (emphasis added) that                                                                         
                 "the cylinder of the lower molding die is aligned with the                                                                             
                 upper core by a mating fit . . . the cylinder of the lower                                                                             



                          5In effect, the examiner’s rejection is on the ground                                                                         
                 that claim 3 is not supported by the disclosure, and might                                                                             
                 well have been based on § 112, first paragraph (written                                                                                
                 description).                                                                                                                          
                                                                           6                                                                            





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