Appeal No. 1996-3738 Application No. 08/004,254 "Gates," that the gate is given a smaller cross section than the runner to allow easy separation from the runner, and the showing in Fig. 7-16 (page 186) of a gate with a narrow width (depth). The final step recited in claim 39 is: separating the surround from a ring of solidified sprue formed of the elastomeric material remaining in the annular feed chamber by tearing the sprue from the surround at the narrow junction between the sprue and the surround formed by the annular orifice, the tearing being done while the elastomeric material is still hot from the injection step. As the examiner seems to recognize, the only disclosure in the applied prior art concerning separation of the excess material from the molded part is in Scott, which discloses that the excess (flashing) is trimmed (col. 3, line 31) and "removed, as by a trim die" (col. 4, lines 27 to 29). The examiner argues at page 7 of the answer to the effect that the term "tearing" as used in claim 39 does not preclude the use of cutting tools, but, whatever may be the merit of that argument, we do not consider that any normal meaning of the 3 3"The general rule is that terms in the claim are to be given their ordinary and accustomed meaning." K-2 Corp. v. Salomon S.A., 191 F.3d 1356, 1362, 52 USPQ2d 1001, 1004 (Fed. Cir. 1999). 4Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007