Appeal No. 2000-0845 Page 4
Application No. 08/617,829
member” required by the claim. The examiner urges that each of the sixteen arcuate-
shaped tabs 38 shown in Figure 3 of the reference constitutes a substantially continuous
annular-shaped member or, in the alternative, that the complete set constitute the required
structure (Answer, page 4). The appellant argues that this is not the case (Brief, page 5).
We find ourselves in agreement with the appellant, based upon the following rationale.
3
The common definition of annular is “of, relating to, or forming a ring.” As is clearly
shown in Figure 12 of the appellant’s drawings, element 62d meets this definition, for it
forms a continuous ring that is only partially cut through at two locations. This is confirmed
by the manner in which it is described on page 10 of the specification:
The deformable portion 62d comprises a movable tab 74d which is defined
by a continuous inner circular cut 68d and a discontinuous outer,
substantially circular cut 70d. The outer cut 70d comprises inwardly
extending end portions 71d which can be used to help enable greater
deformity of a deformable portion 62d in use and possibly prevent tearing.
The tab 74d is hingably connected to the rest of the panel by hinges 75d
created by discontinuous outer cut 70d.
We therefore interpret “annular-shaped member” to mean a member that transcribes a
ring, and “substantially continuous” to mean that its continuity can be partially disturbed at
only a few places. Each of the tabs 38 in the European reference fails to meet the terms
of the claim because it constitutes only a portion of a ring. All of the tabs 38, taken
together, fail to meet the terms of the claim because they do not constitute a “substantially
3See, for example, Merriam Webster’s Collegiate Dictionary, Tenth Edition, 1996,
page 47.
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