Appeal No. 1998-3207 Page 9
Application No. 08/518,874
Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789
(Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).
Claim 18 recites an apparatus for injection molding a
liquid into a plurality of cells in a plate for solidification
therein comprising, inter alia, means for evacuating gas from
cells, means for injecting liquid into the cells, and means
for linking the evacuating and injecting means at each of the
cells so that surface tension of the liquid prevents
evacuation of the liquid injected into the cells while
allowing evacuation of only gas from the cells.
The appellants argue in their briefs that claim 18 is not
anticipated by Bird, Timson, Pasch or Wieser since they do not
disclose the claimed "means for linking." We agree.
As explained in In re Donaldson, 16 F.3d 1189, 1193, 29
USPQ2d 1845, 1848-49 (Fed. Cir. 1994), the USPTO is not exempt
from following the statutory mandate of 35 U.S.C. § 112,
paragraph 6, which reads:
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