Appeal No. 2004-1246
Application No. 09/960,948
Claim 10 depends from claim 1 and adds that the base member
has a flange provided at one end thereof. While appellant argues
(main brief, pages 17-18) that there is no flange in Kemmerer
because the portion 34 identified by the examiner as being a flange
is threaded and does not extend perpendicular to the longitudinal
axis of the cap 32, we consider that the claim terminology
appellant has chosen to use a broad enough to read on Kemmerer’s
threaded portion 34.7 Hence, we also shall sustain the rejection
of claim 10 as being unpatentable over Kemmerer in view of Beals.
In summary, we have sustained each of the standing rejections
of the appealed claims.
It follows that the decision of the examiner finally rejecting
the appealed claims is affirmed.
7The word “flange” may mean “A protruding rim, edge, rib, or
collar, as on a wheel or a pipe shaft, used to strengthen an
object . . . .” Webster’s II New Riverside University
Dictionary, copyright © 1984 by Houghton Mifflin Company.
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