Ex parte TRAMONTINA - Page 4




                 Appeal No. 2000-1649                                                                                                                   
                 Application No. 08/951,077                                                                                                             


                                            An improved wall-mounted, vandal resistant                                                                  
                                   paper towel dispenser for public washrooms,                                                                          
                                   comprising:                                                                                                          
                                            means for storing and dispensing paper                                                                      
                                   towels; and                                                                                                          
                                            an outer housing for encasing said storing                                                                  
                                   and dispensing means, said outer housing                                                                             
                                   comprising a rear mounting surface that is                                                                           
                                   adapted to be secured to a wall, and a shell-                                                                        
                                   like forward surface having a top and sides and                                                                      
                                   which is connected to said rear mounting                                                                             
                                   surface, for protecting said storing and                                                                             
                                   dispensing means from individuals who might have                                                                     
                                   destructive intent, said shell-like forward                                                                          
                                   surface being softly rounded to define a                                                                             
                                   smoothly curving cross-sectional profile in any                                                                      
                                   plane perpendicular to the rear mounting surface                                                                     
                                   to an extent that is [sic: it is] practically                                                                        
                                   impossible to obtain a handhold on the top or                                                                        
                                   sides of said outer housing, whereby a vandal                                                                        
                                   will be prevented from grabbing the dispenser                                                                        
                                   and pulling it off the wall.                                                                                         

                 In considering this claim, we note that the expression "in any                                                                         
                 plane perpendicular to the rear mounting surface" does not                                                                             
                 appear in the specification.   The word "any" in this2                                                                                    
                 expression could, in the abstract, be interpreted to mean "at                                                                          
                 least one" or "every."  However, reading the claim in light of                                                                         
                 the apparatus disclosed in the application, and in light of                                                                            
                 the intended function of the claimed structure as recited in                                                                           

                          2The specification should be amended to provide                                                                               
                 antecedent basis, as required by 37 CFR § 1.75(d)(1).                                                                                  
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