Appeal No. 1996-1049
Application No. 08/238,681
“are outwardly arcuate and” or “threaded”. This amendment was
entered and is the most recent amendment of record.
Appellant (brief, page 3; reply brief, page 1) and the
examiner (answer, pages 3-5) argue the case as though the
amendment in the October 30, 1995 reply brief has been
entered. For purposes of expediting prosecution and making
efficient use of the board’s resources, we decide the appeal
of the rejection of claim 1 based upon the claim as argued by
appellant and the examiner, i.e., as it appears in the October
30, 1995 reply brief, even though the amendment therein has
not yet been clerically entered. 1
Claim 9, which is the sole claim directed toward the
mold, is argued by appellant and the examiner as it appears of
record. That claim is as follows:
9. In a mold for producing a molded element containing
therein a horizontally disposed bore for receiving a threaded
fastener therein, the improvement comprising:
an upper portion containing a plurality of downwardly
disposed elements, said downwardly disposed elements being
spaced apart in parallel planes and having arcuate distal
ends; and
1See the remand at the end of this opinion.
3
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