Ex parte BASS - Page 6




          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                  
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