Appeal No. 2001-2370 Page 4
Application No. 09/109,403
mounted/fastened on the edges or frame of shadow mask 7 (figure
6), and that (answer, page 6) “[t]herefore, unless the Appellant
defines, in claims 1 and 10, ‘the shadow mask having reference
portion’ to be anything more specific, the examiner can
reasonable define any point of shadow mask, ie edge or frame, to
be reference portion of shadow mask.”
We find that Seo (page 5) is directed to a shadow mask
vibration damping device for a flat color CRT, in which shadow
mask support wires are fixed so they pass between the shadow
masks apertures, thereby preventing the support wires from
blocking the apertures. Although Seo does not specifically
disclose the use of reference portions, we agree with the
examiner (answer, page 6) to the extent that as broadly claimed,
any point of the shadow mask can be defined as a portion of the
shadow mask. However, it is at this point that we part company
with the examiner. As noted by appellant (brief, page 4) Seo
discloses that wire 21 is fixed to the back of the support frame
8. Because the examiner (answer, page 3) relies upon the “point
where wires 21 are mounted” (See also pages 5 and 6) as the
reference portion, we find that the reference portion, as
advanced by the examiner, is on frame 8. However, each of the
independent claims require the reference portion to be on the
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