Appeal No. 2001-0267
Application No. 08/980,352
times, i.e., more than one time, when no clip is set between a
pair of clamps, and if the belt is not detected during the
predetermined number of times, the clamps and the slider are
stopped from being driven. It follows that we, like
appellants (reply brief, page 3) do not share the examiner’s
point of view (answer, page 5) that the claim language
specifying a “predetermined number of times” corresponds to
“one (1)” time. Since the only evidence before us would not
have been suggestive of a “predetermined number of times”, the
rejection of appellants’ claims is not sound.
In summary, this panel of the board has not sustained the
rejection of the claims on appeal.
The decision of the examiner is reversed.
REVERSED
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