Appeal No. 99-2104 Page 5
Application No. 08/759,983
La Torre discloses a blind rivet comprising a tubular
sleeve (10) provided with a longitudinal bore, and a mandrel
(12) having a head (34) and a shank (36, 38, 42) housed in the
bore. While some of the language of claim 29 can be read upon
the La Torre rivet, we do not agree with the examiner that all
of it can, notwithstanding the examiner’s reference to the
breadth of the claims. This is based upon the fact that, in
our view, the language of the claim cannot be read as broadly
as the examiner’s interpretation, because of certain precise
relationships that are established therein. In this regard,
we focus upon two requirements of the claim. First, the
mandrel has first and second portions and the “shoulder” is
described as “forming the end of said first portion.” Second,
there is at least one rupture groove and it must be “positioned
in said first portion of said shank between said shoulder and
said head of said mandrel” (emphasis added). According to the
patentee, there is only one rupture groove and that is
designated by the numeral 40. Since claim 29 requires that the
rupture groove be located between the shoulder and the head of
the mandrel, even the most charitable interpretation of the La
Torre device results in the shoulder being either the leftmost
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