Ex parte IVE - Page 13




          Appeal No. 1999-1491                                                        
          Application No. 08/386,670                                                  


          reasonable interpretation consistent with the specification                 
          and limitations of the specification should not be read into                
          the claims where no express statement of limitation is                      
          included in the claim.  See In re Prater, 415 F.2d 1393, 1404-              
          05, 162 USPQ 541, 550-51 (CCPA 1969).  Appellant has not                    
          specifically claimed any particulars of the securement                      
          arrangement. “Secured” is simply defined as:  to be made fast2              
          and certainly, Kelly’s teaching meets that definition.                      
          Furthermore, we find adequate motivation to secure Ledesma's                
          pad to the support structure in view of Kelly's teachings,                  
          especially from the standpoint of safety, in the event that a               
          patient under anesthesia needs to be maneuvered without danger              
          of the cushion sliding, or that the patient partially regains               
          consciousness and has some involuntary movement.  We affirm                 
          the examiner’s rejection of claim 8.  Since claim 9 falls with              
          claim 8, we affirm the rejection of claim 9 also.  Appellant                
          has stated that independent claim 23 is separately patentable,              
          but argues the rejection of claim 23 with claim 8.  Since the               
          issue appellant argues is the anchoring structure and is the                


               2Webster’s Ninth New Collegiate Dictionary, 1990.                      
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