Appeal No. 2003-0423
Application No. 09/377,015
specification discloses (page 5, lines 17-19): “Cover 14 is
machined, stamped or otherwise formed from a material such as,
for example, A16061-T6 aluminum, as case 12 may be. It is
envisioned that cover 14 may alternatively be formed of a
suitable, injection molded polymer.” These teachings that the
cover, which includes the highly rigid panel (specification,
page 5, lines 21-26), is formed from “a material” or “a suitable,
injection molded polymer,” indicate that the highly rigid panel
is formed from single material.
The examiner, therefore, has not carried the burden of
establishing that the appellant’s originally-filed disclosure
would have failed to convey with reasonable clarity to those
skilled in the art that, as of the filing date sought, the
inventor was in possession of a highly rigid panel formed of a
single material layer as required by the appellant’s independent
claims 1 and 23, and claims which depend therefrom. Accordingly,
we reverse the rejection under 35 U.S.C. § 112, first paragraph.
Rejection under 35 U.S.C. § 103
The appellant’s claim 22 requires “means for forming a pair
of outwardly swinging doors in said panel as said panel is urged
into its said ruptured state, said doors being open and attached
to said panel in said ruptured state.”
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007