Ex Parte KOLKER et al - Page 3



          Appeal No. 2001-0093                                                        
          Application No. 08/947,149                                                  
               guides.  In particular, as explained more fully in the                 
               preceding paragraphs, the lateral guides in Regterschot                
               et al. only provide some preliminary straightening of                  
               the material rather than actually functioning in                       
               laterally aligning the tire belt strip in accordance                   
               with its position.  Such lateral alignment of the tire                 
               belt strip in accordance with its position occurs                      
               solely in the transition region through lateral                        
               movement of the first conveyor responsive to sensors                   
               located in this region.  Thus, this reference can                      
               reasonably be considered to be performing this                         
               alignment/adjustment without lateral guides or stops as                
               claimed.                                                               
               It is axiomatic that, in proceedings before the Patent and             
          Trademark Office, claims in an application are to be given their            
          broadest reasonable interpretation consistent with the                      
          specification.  In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385,             
          388 (Fed. Cir. 1983).  In so interpreting appealed claim 1, we              
          find that the “laterally aligning” step recited therein must be             
          uncategorically performed pursuant to the literal meaning of the            
          claim recitation “without a lateral stop to guide either of the             
          lateral sides [of the belt construction strip].”  Indeed, to                
          interpret otherwise would be inconsistent with the disclosure of            
          the subject specification concerning the objective to be achieved           
          via the appellants’ invention (e.g., see lines 20-22 on                     
          specification page 1 and lines 15-18 on specification page 8).              
               The examiner is correct that Regterschot’s process includes            
          a “laterally aligning” step (e.g., see lines 29-32 in column 7              

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