Ex Parte Daume - Page 6



          Appeal No. 2005-0289                                       Page 6           
          Application No. 09/491,841                                                  

          be indefinite.  Claim 1 recites, inter alia, "a base structure. .           
          . sealing lips operatively associated with said base structure .            
          . . said sealing lips for providing a seal between said base                
          structure and a coaxial cable . . . a band shaped, electrically             
          conducting contact element attached to said base structure . . .            
          said  . . . contact element including at least one  . . .                   
          protrusion . . . biased to extend beyond said sealing lips . . ."           
          We find from the language of the claim, that the claim does not             
          recite the elastic part 22, but rather the sealing lips 30, 32,             
          34 and 36 of the elastic part 22.  Thus, as set forth, the base             
          as claimed is broad enough to include the portions of the elastic           
          part 22 that are not part of the sealing lips.  As a result, the            
          claim language regarding the contact element being "attached to"            
          the base structure is correct because the base structure, as                
          claimed, includes the portions of the elastic part 22 that are              
          not part of the sealing lips.  The language of the specification            
          of comprising, and the language of the claim of "attached to" are           
          not mutually exclusive due to the breadth of the claim.  This is            
          so because of the claim language of the protrusion of the contact           
          element extending beyond the sealing lips associated with the               
          base structure, which includes the portions of the elastic                  
          element 22 other than the sealing lips.  Accordingly, we find the           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007