Ex parte TUOMINEN et al. - Page 5




          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             



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