Ex parte YAMAMOTO et al. - Page 6




          Appeal No. 2000-0301                                       Page 6           
          Application No. 08/690,402                                                  


          crescent-shape portion" as recited in the claims under appeal.              




               All the claims under appeal require the claimed pair of                
          elasticized cuffs to include either "a substantially crescent-              
          shape portion" as recited in claim 1 or "a crescent-shape                   
          portion" as recited in claim 6.  However, it is our opinion                 
          that these limitations are not taught or suggested by the                   
          combined teaching of the applied prior art.                                 


               To supply this omission in the teachings of the applied                
          prior art, the examiner made determinations (answer, pp. 4-10)              
          that this difference does not provide any new result or solve               
          any recognized problem in the art and that the cuffs of Kido                
          are "substantially crescent-shaped."                                        


               In proceedings before the United States Patent and                     
          Trademark Office (USPTO), the USPTO applies to the verbiage of              
          the claims before it the broadest reasonable meaning of the                 
          words in their ordinary usage as they would be understood by                
          one of ordinary skill in the art, taking into account whatever              







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