Appeal No. 1997-1720
Application No. 08/155,881
sections (a) and (c) are closer to the mold than section (b),
the examiner reasons that the claimed "distribution is
readable on such as it flows from the hottest to
the coolest" (page 5 of answer). While appellants contend
that
the reference discloses that the least temperature is applied
to the molding material situated between the compressing
plunger and the mold, the examiner responds that "[t]he argued
gradient heating set forth in claim 1 is not deemed claimed as
argued" (page 5 of answer). The examiner explains that "the
greatest temperature is applied closest to the mold and this
is met in Konishi [and] the furthest away from the mold is
least heated and this is also met by the applied reference."
(page 5 of answer).
The flaw in the examiner's reasoning is that the examiner
is not ascribing the proper interpretation to the claim
language "gradient heat" as it is normally defined and
disclosed in the present specification. The first definition
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