Ex parte YAMAMOTO et al. - Page 7




                 Appeal No. 2000-0301                                                                                     Page 7                        
                 Application No. 08/690,402                                                                                                             


                 enlightenment by way of definitions or otherwise that may be                                                                           
                 afforded by the written description contained in the                                                                                   
                 appellants' specification.  In re Morris, 127 F.3d 1048, 1054,                                                                         
                 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).  See also In re Sneed,                                                                          
                 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983).  When                                                                         
                 this is done, we conclude that the term "crescent-shape" as                                                                            
                 used in the claims under appeal means a shape having concave                                                                           
                 and convex edges terminating in points.                               3                                                                


                          Clearly, the cuffs of Kido are not "substantially                                                                             
                 crescent-shaped" or "crescent-shaped" since they are shown to                                                                          
                 be "segment-shaped."   Moreover, none of the cuffs of Enloe,4                                                                                                  
                 Lawson, Foreman, Igaue or Robertson are "substantially                                                                                 
                 crescent-shaped" or "crescent-shaped."  Thus, the applied                                                                              
                 prior art does not teach or suggest the claimed "substantially                                                                         
                 crescent-shaped" cuffs or "crescent-shaped" cuffs.                                                                                     


                          3In reaching this conclusion we have utilized the                                                                             
                 definition of "crescent" provided on page 5 of the brief as                                                                            
                 well as the appellants use of that term in describing cuffs 10                                                                         
                 and 10A (see Figure 1 and pages 7-9 of the specification).                                                                             
                          4A segment is the area bounded by a chord and the arc of                                                                      
                 a curve subtended by the chord.                                                                                                        







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