Ex parte BREED et al. - Page 6




          Appeal No. 1999-0929                                                        
          Application No. 08/514,986                                                  


          are intended to be part of the detecting device seen in Figure              
          15a of the patent, we note that the means for coupling the                  
          second electrical conductor to the first electrical conductor               
          in the Figure 15a embodiment of Matsui would then constitute                
          the elements 96, 96’, 97, 98 and 99, with such elements                     
          retaining the first (95) and second (95’) electrical                        
          conductors parallel and substantially co-extensive to one                   
          another to form a sensor assembly and insulating said second                
          electrical conductor from said first electrical conductor.                  


          As for appellants’ assertion that the "sensor assembly"                     
          as defined in claim 17 on appeal does not include elements                  
          that provide mechanical support for the electrical conductors               
          as they extend across the one free, unrestrained span set                   
          forth in the claim, we point out that claim 17 is drafted                   
          using a "comprising" format and therefore does not exclude the              
          presence of other elements, such as elements (98, 99) of                    
          Matsui, being part of the "sensor assembly" and providing a                 
          degree of mechanical support for the sensor assembly as it                  
          spans the distance between the two spaced apart positions set               
          forth in claim 17.  Thus, the mere fact that the sensor                     
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