Ex Parte RICE - Page 5



                    Appeal No. 2001-1682                                                                                                                                  
                    Application No. 08/837,668                                                                                                                            

                    base plate and an attachment block" as required in independent                                                                                        
                    claims 1 and 14 on appeal.  In this regard, appellant urges that                                                                                      
                    the use of attachment blocks as specifically seen in Figures 13                                                                                       
                    through 20 of the present application is not disclosed by Rice                                                                                        
                    '140.  In the answer (Paper No. 23, page 4), the examiner again                                                                                       
                    points to the receiving means (60) of Rice '140 urging that "the                                                                                      
                    rejection is based on the breadth of the claims" and that it is                                                                                       
                    believed that the receiving means of Rice '140 shows a plate and                                                                                      
                    eyelet (62) which "read on the claims as broadly recited."                                                                                            

                    Each of independent claims 1 and 14 on appeal includes a                                                                                              
                    recitation of "receiving means for engagement by the attaching                                                                                        
                    means, the receiving means comprising a base plate and an                                                                                             
                    attachment block, the base plate being surface mounted in an                                                                                          
                    impenetrable manner to the entry structure by a chemical bonding                                                                                      
                    means."  In understanding this limitation and the claim as a                                                                                          
                    whole we believe that resort to appellant's specification is                                                                                          
                    necessary, particularly with respect to the recitation directed                                                                                       
                    to "an attachment block."  In our opinion, the term "attachment                                                                                       
                    block" as used in the claims on appeal is a coined term and,                                                                                          
                    absent resort to appellant's specification, does not itself                                                                                           
                    impart a clear understanding of what structure is being set forth                                                                                     
                                                                                    55                                                                                    




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007