Appeal No. 1999-0402
Application No. 08/567,385
In reading claim 8 on Sere, the examiner has taken the
position that the cross sectional shape of Sere’s cross
members 26, 28 is in the form of an inverted T, such that the
cross or head portions of the inverted T-shapes collectively
read on the claimed bottom wall of the container and such that
the leg portions of the inverted T-shapes read on the claimed
integral, vertically extending ribbing. Appellants, however,
contend that the cross sectional shape of Sere’s members 26,
28 is rectangular in shape rather than an inverted T, and that
accordingly, that there is nothing in Sere to support the
examiner’s reading of the claim language on Sere (reply brief,
page 2).
From our perspective, Sere’s drawing figures are
inconsistent in their showing of members 26, 28 in that some
of Sere’s drawing figures (namely, Figures 3 and 7) support
the examiner’s position, while others of Sere’s drawing
figures (namely, Figures 1 and 8) support appellants’
position. Moreover, we note, as did appellants, that Sere’s
specification is silent as to the cross sectional shape of
members 26, 28. Accordingly, we conclude that Sere is
ambiguous as to the shape of cross members 26, 28, and that it
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