Ex parte SUGIYAMA - Page 7




          Appeal No. 1995-2838                                                         
          Application 07/966,707                                                       

          the Examiner's statement that the claims do not preclude                     
          inclined surfaces tapered inwardly as well as outwardly,                     
          Appellant argues that claims 1 and 4 are not in means-plus-                  
          function format and, thus, 35 U.S.C. § 112, sixth paragraph,                 
          does not apply (RBr2).                                                       
               These arguments do not answer or show error in the                      
          Examiner's rejection and reasoning as stated at EA7.                         
               At the oral hearing we asked what claim language                        
          precludes the Examiner's application of Katagiri in the manner               
          discussed, but did not get a persuasive answer.  We have                     
          carefully studied claim 1 and conclude that it does not                      
          patentably define over the combination of Sumida and Katagiri.               
               The upper portion of the wall surface 8c" in Fig. 7 of                  
          Katagiri which is inclined outward (col. 5, lines 9-12) is "an               
          inclined portion tapered toward an outside of said slider                    
          formed on one end face of said engagement aperture," as                      
          claimed.  Note that this limitation only requires the inclined               
          portion to be on "one end face of said engagement aperture,"                 
          which is consistent with Katagiri and with Appellant's Fig. 4A               
          which shows an aperture with a vertical surface and an                       
          inclined surface.                                                            

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