Interference No. 104,190
As we noted above, the first metal blade supporting
language was not present in claim 1 as originally filed.
According to the Parins patent file wrapper, this language was
added by the examiner in an examiner’s amendment at the time
of allowance. According to the examiner’s interview record
summary, Mr. Nikolai approved the addition of the language to
clearly define over Rydell. SX-9 at 70. This is further
discussed in the examiner’s reasons for allowance, which
states in its entirety:
3. The following is an Examiner's
Statement of Reasons for Allowance: The
above amendments have been made to more
clearly define the claimed invention over
the Rydell (5,352,222) reference which
shows metal blade supports acting as
electrodes and supporting insulating layers
and metal blades. This is in
contradistinction to the claimed invention
which uses the metal blades to support the
insulating layers and electrodes.
SX-9 at 72. The examiner has recognized the structural
difference outlined above and clearly states that the claimed
invention uses metal blades to support the insulating layer
and electrode. If the junior party’s construction of the
claim were accurate, there would be no sense in which Rydell’s
electrode layer “supported” the blade, i.e., reinforcing the
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