Appeal No. 2004-0051
Application No. 09/746,795
OPINION
The examiner finds that this application was filed on Dec. 22,
2000, and appellant submitted an amendment dated July 30, 2002
(Paper No. 4) which added claim 18, now on appeal (Answer, page 3).
The examiner finds that newly presented claim 18 for the first time
recites that the slot 84 can be located in either the handle lever
or the compressing lever (id.). The examiner concludes that this
newly claimed subject matter is “new matter” as the descriptive
portion of the specification makes no suggestion whatsoever
that the “slot” can be located in either the handle lever or
the compressing lever, only providing support for the slot being
located in the handle lever (id.). We agree.
Appellant argues that claim 18 is “simply broad enough to
literally encompass or cover an installation tool having a slot in
either one of the levers,” in short reading on a tool in which the
slot is in the compression lever and the levers are connected by a
pin in the slot and carried by the handle lever (Brief, page 11).
Appellant argues that claim 18 is broad enough to cover a “simple
reversal” of the locations of the slot 84 and the pin 120 of the
preferred embodiment (Brief, page 12; Reply Brief, page 2).
Appellant also argues that the written description emphasizes that
it is the “relative movement” of the levers in conjunction with the
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