Ex Parte REISINGER et al - Page 5




                 Appeal No. 2002-2065                                                                                   Page 5                     
                 Application No. 09/398,688                                                                                                        


                         The first is that GB 032 does not disclose or teach the “intermediate ring which                                          
                 connects the flange ring with the arc-shaped ring and has a reduced diameter waist3-                                              
                 like portion” (emphasis added).  The examiner has not explained in the rejection exactly                                          
                 where each of the structural elements recited in claim 16 is found in GB 032; the only                                            
                 indication of this is found on a marked-up copy of Figure 1 of the reference, which                                               
                 markings presumably were placed thereupon by the examiner.  In this rendition of the                                              
                 GB 032 vessel, the lowermost portion of upper rim 44 is provided with, to use the                                                 
                 language of the appellants’ claim 16, an arc-shaped ring (at numerals 3 and 15) which                                             
                 abuts a section of the vessel body.  However, considering the portion of rim 4 which lies                                         
                 immediately above the arc-shaped ring portion to be the required “intermediate ring                                               
                 which connects the flange ring with the arc-shaped ring,” and the remaining upper                                                 
                 portion of rim 4 to be the claimed “flange ring,” as in the labels placed on the drawing by                                       
                 the examiner, results in there being no “reduced diameter waist-like portion” transcribed                                         
                 by the intermediate ring.  From our perspective, the only “waist-like portions” present in                                        
                 GB 032 are where the arc-shaped rings (at numerals 3) engage the circular grooves in                                              
                 the wall of the vessel which, of course, are not located in the intermediate rings.                                               




                         3The common applicable definition of “waist” is “the part of something corresponding to or                                
                 resembling the human waist” (the narrowed part of the human body between the thorax and hips).  See,                              
                 for example, Webster’s New Collegiate Dictionary, 1973, page 1315.                                                                
                         4Lower rim 5 is essentially a mirror image of upper rim 4.                                                                







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