Ex parte TSUTSUMI - Page 3




          Appeal No. 1998-0316                                                        
          Application No. 08/355,646                                                  


          in view of Osada, under 35 U.S.C. § 103.                                    
          Rejection (1)                                                               
               First considering this rejection with regard to claim 1,               
          we find that Ohasi discloses a molding method in which first                
          and second molds 6, 7 are joined to define a mold cavity,                   
          plastic is injected into the mold cavity, and then, prior to                
          solidification of the plastic, a plunger 8, which may also                  
          function as an eject pin (col. 3, lines 27 to 30), is lowered               
          to a position in which its lower surface is flush with the                  
          inner surface of mold 6, applying pressure to the plastic                   
          (col. 3, lines 11 to 24).  Appellant argues that Ohasi does                 
          not meet all the limitations of claim 11 because it does not                
          disclose projecting the pin 8 "into the mold cavity with the                
          molds joined together," as claimed.  On pages 3 and 4 of the                
          reply brief, appellant further contends that since Ohasi                    
          designates the space below plunger 8 (i.e., projection 5) as                
          being outside the mold cavity, the examiner's assertion that                
          portion 5 forms a part of the mold cavity is incorrect.                     
               We do not agree with appellant.  The fact that Ohasi does              
          not define portion 5 as being part of the mold cavity is not                
          conclusive, since terms in a claim are to be given their                    
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