Ex parte GLOVER - Page 3




            Appeal No. 1998-2482                                                                              
            Application No. 08/533,429                                                                        


                                                  OPINION                                                     
                   Turning first to the rejection under 35 U.S.C.  112, first paragraph, the examiner        
            contends that there is no support in the original disclosure for “the leg members are             
            deflected away from each other.”  [answer-page 3].                                                
                   We will not sustain this rejection because there is clear evidence in the originally       
            filed disclosure that appellant had possession of the invention now claimed.  Although the        
            original disclosure recited that the deflectable leg members were disposed to “deflect            
            horizontally and vertically...” [pages 4 and 9 and original claim 1, for example], in our view,   
            this recitation, taken together with the original drawings Figures 2A and 2B, makes it clear      
            that, at the time of originally filing the application, appellant had in his possession the       
            invention whereby the leg members are caused to “deflect away from each other” when the           
            gasket is placed between two opposing substrates and the substrates are drawn together.           
            Fig. 2A shows the gasket 48 prior to the substrates being drawn together and Fig. 2B              
            shows the gasket 48 after the substrates are drawn together via fastener 80.  Clearly, as         
            shown in Fig. 2B, the leg members 50 and 52 have been deflected away from each other,             
            as claimed.  Accordingly, there is clear support in the original disclosure for the leg           
            members being caused “to deflect away from each other.”                                           






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