Ex parte LACKLER - Page 6




          Appeal No. 2000-1576                                                        
          Application 09/169,179                                                      


          the squeakless furniture spring anchor clip therein includes                
          “at least one line[r] holding member (i.e., ridge 28) struck                
          (i.e., “swaged out”; column 3, lines 53 and 54) from the metal              
          material of the curved spring supporting portion . . . for                  
          keeping the line [sic, liner] against the curved spring                     
          supporting portion” (answer, page 5).  In maintaining this                  
          rejection, the examiner has relied upon a standard dictionary               
          definition of the term “swage” (answer, page 8) and urged that              
          the term “swaged” is considered to encompass the term                       
          “struck.”  On pages 5-7 of the reply brief appellant has                    
          strongly argued that the examiner’s interpretation of the                   
          “swaged” embossed ridge (28) of Bechtoldt as encompassing the               
          “struck” liner holding member of the present invention (claim               
          1) is erroneous and that the term “struck from” must be                     
          interpreted in light of appellant’s specification and the                   
          meaning ascribed to it therein.                                             


          After having reviewed several technical dictionaries,                       
          Mark’s Handbook (1951) and appellant’s specification, we are                
          in complete agreement with appellant that the term “struck                  


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