Appeal No. 2004-1383
Application No. 09/658,389
respectively. Additionally, the examiner found that the outer
surface portions of Cheng’s clamping members 28 define imaginary
cylinders having cross-sections depicted at page 6 of the
answer.
Given the shapes of the imaginary cylinders defined by the
outer surface portions of Cheng’s clamping members 28, we
determine that Cheng’s threaded hole 30 or enlarged recess 300
is necessarily offset with respect to the symmetrical axis of
the imaginary cylinders. Thus, Cheng describes, either
expressly or inherently, each and every limitation of the
invention recited in appealed claim 1. In re Schreiber, 128
F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
The appellants urge that Cheng’s clamping members 28
include shoulders 31 for accommodating partition member 26 with
stop members 27 and thus, in reality, threaded hole 30 as shown
in Figure 2 is not offset with respect to an axis of an
imaginary cylinder defined by either the large diameter portion
or the reduced diameter portion of clamping members 28. (Appeal
brief, pages 10-12.) This argument is unpersuasive for reasons
already discussed above. Specifically, the recited term
“imaginary cylinder” defined by “outer surface portions” reads
8
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