Appeal No. 2000-1000
Application No. 08/392,062
earlier conclusion, based upon an overall assessment of the
original disclosure, that it is both reasonable and fair to
say that the presence of an undercut in each of the sidewalls
of a conduit groove for engagement by locking members in
respective body member bores is an essential or critical
structural attribute of appellant’s invention, clearly
necessary to achieve appellant’s goal of a secure dam that
won’t fly away and cause injury.
In summary, this panel of the board has affirmed the
rejection of claims 20 through 31 under 35 U.S.C. § 112, first
paragraph.
The decision of the examiner is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
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