Ex Parte LIPRIE - Page 9




                Appeal No. 2002-0933                                                                                                          
                Application No. 09/325,944                                                                                                    


                § 112, first paragraph, for failing to comply with the written                                                                
                description requirement will not be sustained.2                                                                               


                We next look to the examiner's rejection of claims 1 through                                                                  
                7, 9, 14 and 15 under 35 U.S.C. § 102(b) as being anticipated by                                                              
                Rague.  On page 9 of the brief, appellant has indicated with                                                                  
                regard to independent claim 1 on appeal that Rague does not teach                                                             
                the locking member set forth in the claim.  According to the                                                                  
                examiner, Rague shows a locking member (37).                                                                                  


                Our review of the Rague patent, particularly Figures 4 and                                                                    
                5, and the specification thereof beginning at column 6, line 46,                                                              
                et seq., reveals that member (37) of connector (34) on transport                                                              


                         2 In this instance, we note however that the examiner has                                                            
                correctly observed that 37 CFR § 1.75(d)(1) mandates that the                                                                 
                claims must conform to the invention as set forth in the                                                                      
                remainder of the specification and that the terms and phrases                                                                 
                used in the claims must find clear support or antecedent basis in                                                             
                the description so that the meaning of the terms in the claims                                                                
                may be ascertained by reference to the description.  While                                                                    













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