Ex Parte Kusumoto et al - Page 15



                    Appeal No. 2003-1937                                                                                                                                  
                    Application No. 09/522,296                                                                                                                            

                    A top portion of what?  In addition, it would appear that the                                                                                         
                    recitation of "a sole portion fixed to said top portion" in claim                                                                                     
                    28 is also ambiguous, as is the recitation in claim 29 of a                                                                                           
                    joining hole being provided "with the other of said top portion                                                                                       
                    and said sole portion."                                                                                                                               

                                                                REVERSED AND REMANDED                                                                                     


                                                  CHARLES E. FRANKFORT                                       )                                                            
                                                  Administrative Patent Judge                                )                                                            
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                                                                                                             )                                                            
                                                                                                             ) BOARD OF PATENT                                            
                                                  JOHN P. MCQUADE                                            )     APPEALS                                                
                                                  Administrative Patent Judge                                )       AND                                                  
                                                                                                             )  INTERFERENCES                                             
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                                                                                                             )                                                            
                                                  JENNIFER D. BAHR                                           )                                                            
                                                  Administrative Patent Judge                                )                                                            




                    CEF/lbg                                                                                                                                               


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