Appeal No. 1997-1797 Application No. 08/198,936 the Cass process) because “one can call the outer layer . . . a sheath and the remaining portion of the fiber the core” (answer, page 7). The problem with this interpretation is that it is not a reasonable interpretation consistent with the appellants’ specification. For example, the first full paragraph on page 3 of the subject specification discusses the Cass process as being unsatisfactory and thereby makes it clear that the examiner’s claim interpretation is unreasonable and inconsistent with the specification. Moreover, we perceive merit in the appellants’ argument that one of ordinary skill in the art would not interpret appealed claim 1 as the examiner has done. In light of the foregoing, it is our determination that, even if the applied references were combined in the manner proposed by the examiner, the process resulting from this combination would not correspond to the process defined by appealed claim 1 when given its broadest reasonable interpretation consistent with the appellants’ specification as it would be interpreted by one of ordinary skill in the art. We cannot sustain, therefore, the examiner’s section 103 5Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007