Appeal No. 2000-2108 Application No. 09/075,943 not be appellant's claimed subject matter. More specifically, appellant urges (brief, page 4) that neither of the applied references discloses a guide plate having an upper slanted portion with a second hole. Rather, appellant observes that they both rely upon a notch in the upper portion of their respective guide plates (see 52 of Lazar and 30 of Carroll), which notches appellant perceives would operate in a different manner than appellant's second hole. We do not find this argument persuasive. Like the examiner (answer, page 5), we consider that the term "hole," when given its broadest reasonable construction, would have been understood by one of ordinary skill in the art to encompass an opening or notch like that seen in both Carroll and Lazar. Moreover, while appellant has asserted that such a notch would operate in a different manner than appellant's second hole, we see no reason why this would be so, and appellant has provided none. Appellant's second line argument is that in neither of the applied references does the guide plate include an upper slanted portion "having lateral sides being formed into winged guide portions," as required in the claims on appeal. The 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007