Ex parte TRAMONTINA - Page 5




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


                 the claim, i.e., "to an extent that [it] is practically [ ]                                           3                                
                 impossible to obtain a handhold on the top or sides of said                                                                            
                 outer housing," we interpret the word "any" as "every."  Thus,                                                                         
                 in order to anticipate claim 1, the towel dispenser disclosed                                                                          
                 by De Luca must include an outer housing which has a forward                                                                           
                 surface which is "softly rounded to define a smoothly curving                                                                          
                 cross-sectional profile in any [i.e., every] plane                                                                                     
                 perpendicular to the rear mounting surface."                                                                                           
                          It is evident to us that De Luca does not meet this                                                                           
                 limitation.  The examiner contends that the "softly rounded"                                                                           
                 and "smoothly curving cross-sectional profile" limitations                                                                             
                 have a broader connotation than "having a continuously arcuate                                                                         
                 shape" (answer, page 5), but no matter how broadly they may be                                                                         
                 interpreted, they are not met by De Luca.  In Figs. 5 and 6,                                                                           
                 De Luca shows top and bottom plan views of the dispenser, and                                                                          
                 it is evident from these views that the cross-sectional                                                                                
                 profile of the outer housing taken on a horizontal plane                                                                               
                 through the dispenser would exhibit no curvature at all, but                                                                           
                 merely would be flat at the sides and front of the dispenser,                                                                          

                          3We note that on page 4, line 22, of appellant’s                                                                              
                 specification "particularly" should be --practically--.                                                                                
                                                                           5                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007