Interference No. 105,028
Additional Views:
LEE and SCHAFER, Administrative Patent Judges.
LEE, Administrative Patent Judge.
The parts of Holbrooks’ Attachment B showing the purported profiles of its finger 105 or
205 are reproduced below:
If the profile of Holbrooks’ disclosed fingers really were as shown above, it may be an effective
rebuttal to Bacchi’s charge of lack of written description. However, the off-set or recessed
concept of these illustrations does not stem from any referenced disclosure in the specification
but is evidently created for the purpose of opposing Bacchi’s motion. It is disturbing that
Holbrooks would present and rely on these illustrations as though they are what the specification
describes, without citing any part of the specification and without any explanation.
What Holbrooks said about these illustrations are: (1) “A side view of the Holbrooks
finger within the scope of the Holbrooks applications is shown in Attachment B”; and (2) “One
skilled in the art would recognize that the profile of the Holbrooks finger 105 or 205 and the post
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