Appeal No. 2000-2256
Application No. 09/069,377
underlying disclosure, we perceive that the claimed subject
matter is not readable on the Harvey patent and, thus, not
anticipated thereby.
As can be discerned from our review of claim 34 above, an
ink ribbon cartridge is set forth comprising a cartridge
housing, with the cartridge housing having a flexible wall
which deflects resiliently and then expands. This language
has to be understood in light of appellants' disclosure
(specification, page 2) wherein the term "wall" in the
application is explicitly referenced relative to the ink
ribbon cartridge having a flexible resilient housing wall
within which the ink ribbon is based. Thus, as we see it, it
is reasonable and consistent with appellants' specification,
to appreciate claim 34 as referencing the flexible wall of the
cartridge housing. With this latter understanding of the
claimed subject matter in mind, we recognize the attributes of
the locking member 32 (Fig. 3) of Harvey (integrally formed
with the left housing wall 12 of the cartridge 10), as relied
upon by the examiner. However, locking member 32 cannot be
fairly determined to be a flexible "wall" of the cartridge
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