Appeal No. 1999-2393
Application 08/845,848
global deformation caused by temperature change, inertial
forces or other causes affecting the entire structural
member.” Appellants conclude, id. at 12, that "Bronowicki et
al. could not be used to measure the stress and strain within
the Appellant’s [sic] test specimen." The examiner responds,
answer at page 5, that “the major portion of the Appellant’s
[sic] argument is the aspects of the intended use and the fact
that the cited reference to Bronowicki et al’s device is used
for another purposes [sic] than the Appellant’s [sic] device."
The examiner further contends that, id., "Bronowicki et al.,
clearly show all the fundamental elements of the invention,
i.e., regarding claims 1-2, a test specimen for stress or
strain characterization, comprised of a material to be tested,
such that the material having a uniform cross section geometry
that is capable of generating a global deformation."
We agree with the examiner’s position. To the extent of
the scope of claims 1 and 2, Bronowicki does show a test
specimen. We note that the nature of the test specimen is not
recited in these claims. We also note that Bronowicki
discloses the global deformation produced in the test
specimen, See col. 3, lines 41-45 and col. 4, lines 11-16.
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007