Appeal No. 2004-0568 Application No. 09/229,547 We next consider the § 102 rejection of claims 13-17 over either Birbragher or Dhoore. The principal argument advanced by appellants is that neither reference describes the claimed "interface sheet having an entire perforated and acoustically treated surface area." According to appellants, the cited prior art does "not acoustically treat 100% of the area available" (page 5 of principal brief, first paragraph). However, since it is well settled that claim language must be given its broadest reasonable interpretation during ex parte prosecution, we agree with the examiner that the claim 13 language at issue does not require that 100% of the interface sheet be perforated and acoustically treated. Rather, the examiner has properly held that the claim language only requires that an area of the interface sheet, not 100% of the surface area of the interface sheet, be entirely perforated and acoustically treated. Indeed, appellants' specification specifically states that "[t]he hereinafter-described invention allows the entire attachment area to be treated, except for a narrow edge closeout area" (page 5, paragraph three). Also, as explained by the examiner, the disclosure in the references of adding a honeycomb core and an outer sheet meets the requirement of an acoustically treated surface area for the interface sheet. As for separately argued -5-Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007