Appeal No. 2000-1576
Application 09/169,179
from” would have been understood by one of ordinary skill in
the art of metal working as meaning that the at least one
liner holding member of claim 1 on appeal is formed by an
operation that traverses the entire plastic range of
deformation to the point of failure and results in a punching
out or severing action being applied to the metal material of
the base of the hook portion of the clip and thereby provides
a liner holding member (e.g., a prong) that is partially
separated from the metal material of the clip body and leaves
behind a through hole in the clip body of a configuration
generally conforming to that of the holding member. By
contrast, the term “swage” or “swaged” would have been
understood by one of ordinary skill in the art of metal
working as meaning a cold forming operation that results in a
shaping or bending of the metal material by squeezing or
pressing it into an appreciably different shape by thinning
and flow of the metal material, without any failure thereof.
In light of the foregoing, it is clear to us that the
anchor clip of Bechtoldt does not anticipate claim 1 on
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