Ex parte WAKATA et al. - Page 5




          Appeal No. 98-1253                                                          
          Application No. 08/249,931                                                  


          however, the law of anticipation does not require that the                  
          reference teach what the appellant is claiming, but only that               
          the claims on appeal "read on" something disclosed in the                   
          reference (Kalman v. Kimberly-Clark Corp., 713 F.2d 760, 772,               
          218 USPQ 781, 789 (Fed. Cir. 1983)).                                        
               On pages 4-6 of the reply brief the appellants concede                 
          that Otani teaches a "rubber" plug 52, coaxial annular ribs or              
          collars                                                                     
          56 and an end plug portion which has an "umbrella-like effect"              
          but, nevertheless, contend that the entire end plug portion                 
          cannot be considered to be "umbrella-shaped" since there is a               
          flat portion thereon. We must point out, however, that the                  
          specification provides no particular definition of "umbrella                
          shape," and umbrellas are made in many different shapes.                    
          Accordingly, giving this terminology its broadest reasonable                
          interpretation, we are of the opinion that the end plug                     
          portion                                                                     


          52' of Otani can be considered to be of "an umbrella shape" as              
          broadly claimed (see, e.g., Fig. 4).                                        


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